Pyles v. State, 609

• Court: Court of Special Appeals of Maryland
• Citation: 334 A.2d 160,25 Md.App. 263
• Docket Number: No. 609,609
• Parties: Russell Eugene PYLES v. STATE of Maryland.
• Decision Date: 17 March 1975

Page 263

25 Md.App. 263 334 A.2d 160 Russell Eugene PYLES
v.
STATE of Maryland. No. 609. Court of Special Appeals of Maryland. March 17, 1975.

[334 A.2d 162]

Page 264

Charles D. Smith, Upper Marlboro, with whom were Taylor & Smith, Upper Marlboro, on the brief, for appellant.

Donald R. Stutman, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., Arthur A. Marshall, Jr., State's Atty., for Prince George's County and Charles P. Strong, Jr., Asst. State's Atty., for Prince George's County on the brief, for appellee.

Argued before THOMPSON, DAVIDSON and MOORE, JJ.

THOMPSON, Judge.

Russell Eugene Pyles appeals from an order of the Circuit Court for Prince George's County, Chief Judge Ralph W. Powers presiding, finding him in contempt for his failure to comply with a court order directing that he undergo an examination at Patuxent Institution.

The record shows that on September 2, 1970, appellant received a ten year sentence for manslaughter to begin as of July 14, 1970. On September 3, 1970, the trial judge directed that he be referred to Patuxent Institution for examination to determine his status as a defective delinquent. When it was discovered that the order did not contain a requirement that Pyles cooperate, a second order was signed on April 9, 1974 directing that he be examined at Patuxent and that he submit to any mental, medical or physical tests required by the staff of Patuxent Institution for said purposes. A copy of this order was served upon Pyles on April 18, 1974. Thereafter

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on the 24th of May the trial court signed an order directing that Pyles show cause at a hearing to be held on July 11, 1974, why he should not be held in contempt for violation of the April 9 order. At the hearing, Dr. H. M. Boslow testified that Pyles had submitted to a physical examination but had refused to submit to psychiatric or psychological examinations. Dr. Boslow added that he and the staff had been unable to determine appellant's status because of said refusals. Particular problems were encountered with reference to appellant's intellectual deficiency and emotional unbalance because of the absence of past examinations. Defense counsel stated that the appellant had requested that he advise the court that he had no intentions of submitting to any psychological testing at Patuxent Institution. The trial judge found Pyles in contempt and directed that he:

'. . . be detained by the Division of Correction under this order and not under any other commitment, until such time as he is willing to comply with the Order of this Court dated April 9, 1974, to submit to the examinations enumerated therein; and

'IT IS FURTHER ORDERED, that when defendant agrees in writing to comply with the Order of this Court dated April 9, 1974 the Commissioner of Corrections, shall forthwith transfer defendant to Patuxent Institution.'

I WILLFULNESS OF THE CONTEMPT

Appellant first contends that since the two elements that could not be ascertained by Dr. Boslow were his intellectual deficiency and emotional unbalance, his refusal to cooperate could be the result of these factors rather than a contemptuous refusal. The appellant cites no authority to support his argument. Presumably he relies on some of the language of McNeil v. Director, 407 U.S. 245, 92 S.Ct. 2083, 32 L.Ed.2d 719 (1972), particularly:

'For if confinement is to rest on a theory of civil

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contempt, then due process requires a hearing to determine whether petitioner has in fact behaved in a manner that amounts to contempt. At such [334 A.2d 163] a hearing it could be ascertained whether petitioner's conduct is willful, or whether it is a manifestation of mental illness, for which he cannot fairly be held responsible. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962).' Id. at 251, 92 S.Ct. at 2087.

We do not interpret this language...