Plater v. Warden, Maryland House of Correction, 7679.
Decision Date | 05 December 1958 |
Docket Number | No. 7679.,7679. |
Citation | 261 F.2d 445 |
Parties | Benjamin F. PLATER, Appellant, v. WARDEN, MARYLAND HOUSE OF CORRECTION, Appellee. |
Court | U.S. Court of Appeals — Fourth Circuit |
H. B. Mutter, Baltimore, Md. (Walter E. Black, Jr., Baltimore, Md., on the brief), Court appointed counsel, for appellant.
James H. Norris, Jr., Sp. Asst. Atty. Gen. of Maryland (C. Ferdinand Sybert, Atty. Gen. of Maryland, on the brief), for appellee.
Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.
After denial of his petition for a writ of habeas corpus, this prisoner, confined in a state institution, undertook an appeal to this Court without a certificate of probable cause. In accordance with our usual practice, we have reviewed the record and have considered the written and oral arguments of his court-appointed counsel to determine whether or not a Judge of this Court should issue the necessary certificate, and have concluded that the appeal is without merit and that the appeal should be dismissed for want of the certificate. Presley v. Peppersack, 4 Cir., 227 F.2d 325; Parker v. Warden, Maryland Penitentiary, 4 Cir., 198 F.2d 72; Tyson v. Swenson, 4 Cir., 198 F.2d 308; Hanson v. Warden, Maryland Penitentiary, 4 Cir., 198 F.2d 470; Hobbs v. Swenson, 4 Cir., 199 F.2d 268; Harris v. Swenson, 4 Cir., 199 F.2d 269; Cumberland v. Warden, Maryland Penitentiary, 4 Cir., 227 F.2d 310.
The prisoner's principal contention is asserted insufficiency of his representation by court-appointed counsel in the trial court. This contention was fully considered and effectively answered by the Court of Appeals of Maryland, which said in the course of its opinion in Plater v. Warden, 211 Md. 629, 126 A.2d 574, 575:
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