Legrand v. Warden of the House of Correction, 19
| Decision Date | 08 December 1954 |
| Docket Number | No. 19,19 |
| Citation | 205 Md. 662,109 A.2d 908 |
| Parties | Leon LEGRAND v. WARDEN OF THE HOUSE OF CORRECTION. |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and DELAPLAINE, COLLINS, HENDERSON, and HAMMOND, JJ.
This is an application for leave to appeal from a denial of a writ of habeas corpus by Judge Woodward of the Circuit Court for Montgomery County. The applicant, Leon Legrand, was tried on September 23, 1953 in the Criminal Court of Baltimore on the charge of burglary. He was found guilty and sentenced to two years in the Maryland House of Correction.
The petitioner bases his right to relief upon four contentions. First, that the evidence upon which he was convicted was insufficient and of doubtful quality. It is well settled that it is not within the scope of a habeas corpus proceeding to challenge the quality or the sufficiency of the evidence. Tutt v. Warden of Maryland Penitentiary, 199 Md. 691, 693, 87 A.2d 523. See also Chinquina v. Warden of Maryland House of Correction, 198 Md. 658, 80 A.2d 612; Sykes v. Warden of Maryland Penitentiary, 201 Md. 662, 93 A.2d 549; Thanos v. Superintendent, Maryland State Reformatory, for Males, 204 Md. 665, 104 A.2d 926; Spence v. Warden of Maryland House of Correction, 204 Md. 661, 103 A.2d 345; Laslo v. Warden of Maryland House of Correction, 204 Md. 663, 103 A.2d 342.
Second, the petitioner contends that he was denied the right to summon witnesses in his defense. Such a contention, even if true, would not be the basis of granting a writ of habeas corpus. See Spence v. Warden of Maryland House of Correction, 204 Md. 661, 662, 103 A.2d 345, where it is stated: 'The complaint of a petitioner that he was denied the opportunity to obtain witnesses is reviewable on appeal, but not on habeas corpus.' See also Walker v. Warden of Maryland Penitentiary, 190 Md. 729, 60 A.2d 523; Daisey v. Warden of Maryland House of Correction, 203 Md. 653, 98 A.2d 99; Sykes v. Warden of Maryland Penitentiary, 201 Md. 662, 93 A.2d 549; Spence v. Warden of Maryland House of Correction, 204 Md. 661, 103 A.2d 345.
Third, the petitioner contends that his court-appointed counsel was not only incompetent but failed to show the slightest interest 'if or for his client'. The petitioner does not allege, nor is it shown, that he complained to the court of his counsel's incompetence, ineptness or lack of interest in his cause, nor is it shown, and he does not contend, that there was fraud or bad faith on the part of, or collusion with, any official of the State. Therefore, this cannot be a ground for granting habeas corpus. Bowen v. Warden of Maryland House of Correction, 202 Md. 646, 96 A.2d 489; Sykes v. Warden of Maryland Penitentiary, 201 Md. 662, 93 A.2d 549; Thanos v. Superintendent, Maryland State Reformatory, for Males, 204 Md. 665, 104 A.2d 926; Stokes v. Warden of Maryland House of Correction, Md., 106 A.2d 78; Faught v. Warden of Maryland Penitentiary, Md., 109 A.2d 56.
Fourth, the petitioner contends that he asked for a new trial and was advised by the...
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Sample v. Warden, Md. Penitentiary
...proceedings to the present time. As our discussion infra indicates, such failure is not dispositive of this case.3 Compare Legrand v. Warden, 205 Md. 662, 109 A.2d 908; Banks v. Warden, 221 Md. 592, 155 A.2d 697 (1959); Galloway v. Warden, 221 Md. 611, 157 A.2d 284 (1960) with Hyde v. Warde......
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White v. Warden of Md. Penitentiary, 21
...proceedings, not to the jurisdiction of the court. We do not find that they would call for the issuance of the writ. See Legrand v. Warden, 205 Md. 662, 109 A.2d 908; Randall v. Warden, 208 Md. 667, 119 A.2d Application denied, with costs. ...
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Johnson v. Warden of Md. Penitentiary, 64
...allegations of incompetence cannot be a ground for issuance of the writ. Barker v. Warden, 208 Md. 662, 119 A.2d 710; Legrand v. Warden, 205 Md. 662, 109 A.2d 908; Wagner v. Warden, 205 Md. 648, 109 A.2d Application denied with costs. ...
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Galloway v. Warden, Md. Penitentiary
...in Banks v. Warden of Maryland House of Correction, 221 Md. 592, 155 A.2d 697. That case referred to Legrand v. Warden of Maryland House of Correction, 205 Md. 662, 109 A.2d 908, a habeas corpus proceeding in which the court refused relief because the petitioner had neither shown that he ha......