Strosnider v. Warden, Md. Penitentiary
| Decision Date | 15 February 1967 |
| Docket Number | No. 90,90 |
| Citation | 245 Md. 692,226 A.2d 545 |
| Parties | Boyd Wilson STROSNIDER v. WARDEN, MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before HAMMOND, C. J., and HORNEY, MARBURY, OPPENHEIMER and BARNES, JJ.
Petitioner has applied for leave to appeal from the denial of post conviction relief by Judge E. Mackall Childs in the Circuit Court for Anne Arundel County on August 30, 1965, following a hearing on remand by this Court in Strosnider v. Warden, 228 Md. 663, 180 A.2d 854 (1962). In that case, we ruled that the lower court should determine factual questions raised by the petitioner, alleging perjured police testimony and suppression of evidence by the State. The court below (O. Bowie Duckett, J.) was affirmed in its rulings on all other points, for the reasons stated in Strosnider v. State, supra.
On remand, interrogatories were filed by the State, demanding particulars of the petitioner's allegations. The petitioner answered, setting forth 19 alleged instances of perjury and nine alleged instances of suppression. All of these alleged errors were considered by Judge Childs and denied in a thorough opinion. After carefully reading the trial transcript, we fully agree with Judge Childs' rulings as to each allegation of perjury and suppression of evidence. With respect to these matters, we adopt his opinion, a copy of which has been filed with this opinion.
In this application, however, the petitioner also raises additional grounds for relief. We believe these new allegations likewise lack merit.
Petitioner claims that his confession was obtained in violation of his rights, under the Sixth and Fourteenth Amendments, to be advised of his right to counsel and of his right to remain silent. He also maintains that, under all the circumstances of his detention, his confession was coerced.
Both of these contentions were raised at the petitioner's trial; the trial court, after hearing testimony at great length, held the confession voluntary and admissible. The petitioner failed to take a timely direct appeal from his conviction and sentence, nor did he raise these contentions in his first petition for post conviction relief. Under these circumstances, we hold that the allegations are waived and, therefore, not open to collateral attack. In so ruling, we apply the test prescribed by the Legislature in Article 27, sec. 645A(c) (Supp.1965), insuring that our procedural rules do not unduly impede the hearing of federal constitutional claims in the courts of this State. The petitioner, who had counsel appointed for him, presented no circumstances whatsoever to rebut the presumption that his failure to follow state procedures-designed for an orderly presentation of his contentions-was not knowingly and intelligently made. We believe Judge Childs was correct in not ruling on these alleged errors. Article 27, sec. 645A(a).
Even assuming the police had failed to advise petitioner that he had a right to counsel, the decisions of the United States Supreme Court in Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) and Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) would not be valid grounds for relief in this case. Strosnider's conviction became 'final' in 1956, long before these decisions were rendered. They have been held not to apply retrospectively. Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966); Hyde v. State, 240 Md. 661, 215 A.2d 145 (1965). 'Final' has been defined as 'the point of time when the courts are powerless to provide a remedy * * * on direct review.' Terry v. Warden, 243 Md. 610, 221 A.2d 691 (1966).
Petitioner claims he was denied a speedy remand hearing. A 'motion for speedy trial' was filed on May 6, 1965, but Judge Childs never ruled on it. The post conviction hearing was held on August 2, 1965.
We need not consider whether or not the Constitutional provisions for a speedy trial in criminal cases, Article 21, Declaration of Rights, is applicable to hearings for post conviction relief because Maryland Rule BK 44 (b), relating to post conviction procedure, provides: 'The hearing shall be held as soon as possible after all pleadings required...
To continue reading
Request your trial
-
Oken v. State
...assistance of counsel); Jourdan v. State, 275 Md. 495, 507, 341 A.2d 388, 395 (1975) (double jeopardy); Strosnider v. Warden, 245 Md. 692, 694, 226 A.2d 545, 547 (1967) (confession obtained in violation of right to counsel and right to remain silent). We reach this conclusion based upon our......
-
Shelton v. State
...he is not entitled as a matter of right to examine witnesses or otherwise participate in the conduct of his trial. Strosnider v. Warden, 245 Md. 692, 226 A.2d 545. We think the record indicates that defense counsel had valid reasons for not calling the witnesses suggested by his client, and......
-
Callahan v. State
...of the trial judge, and not a matter of right. Both the Court of Appeals of Maryland and this Court have so held. In Strosnider v. Warden, 245 Md. 692, 226 A.2d 545 (1967), an appeal from a denial of post conviction relief, the Court of Appeals said, at 695-96, 226 A.2d at 'Courts in this c......
-
Jones v. Warden, Md. Penitentiary
...of contentions-a valid State interest-and does not unduly impede the hearing of federal constitutional claims. Strosnider v. Warden, 245 Md. 692, 226 A.2d 545. Indeed, no federal constitutional requirement has as yet been articulated requiring that the states afford State prisoners with any......