Turner v. Warden, Md. Penitentiary, 12
| Decision Date | 20 October 1959 |
| Docket Number | No. 12,12 |
| Parties | Clarence 1. TURNER v. WARDEN, MARYLAND PENITENTIARY. Post Conviction |
| Court | Maryland Court of Appeals |
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
The applicant contends that he should be granted relief because (a) he was not guilty of the offense of attempted armed robbery and (b) he was represented at his trial by incompetent counsel. The second contention was fully considered and disposed of by Judge Allen's opinion in the trial court, and leave to appeal on that ground is denied for the reasons stated in his opinion.
Judge Allen's opinion states that the only argument for relief presented at the hearing was that the petitioner was represented [at the original trial] by incompetent counsel appointed by the court. This suggests that the first point was waived. Even if it was not waived, it is of no avail to the applicant in this case. The question of guilt or innocence cannot be retried in Post Conviction Procedure Act proceedings, since that Act is not a substitute for a motion for a new trial or for an appeal. See Code (1957), art. 27, Sec. 645A (Supp. 1959). Cf. Bell v. Warden, 218 Md. 666, 146 A.2d 56; and Gardner v. Warden, 217 Md. 653, 141 A.2d 684, certiorari denied 357 U.S. 942, 78 S.Ct. 1395, 2 L.Ed.2d 1556; both of which are habeas corpus cases.
Application denied.
To continue reading
Request your trial
-
Turner v. State of Maryland
...to his detriment." (Memorandum of Judge Allen, dated March 23, 1959.) The Court of Appeals of Maryland denied review. Turner v. Warden, 220 Md. 669, 155 A.2d 69 (1959). Certiorari was denied by the Supreme Court, 364 U.S. 885, 81 S.Ct. 173, 5 L.Ed.2d 105 (1960), and no issue of exhaustion o......
-
Roe v. Director, Patuxent Inst., 45
...question of an applicant's guilt or innocence will not be retried. Chislom v. Warden, 223 Md. 681, 164 A.2d 912 (1960); Turner v. Warden, 220 Md. 669, 155 A.2d 69 (1959). The applicant's fifth contention relating to the incompetence of counsel in refusing to enter a request for a jury trial......
-
Daniels v. Warden, Md. House of Correction, 100
...an unnamed itinerant barber is the guilty party. The question of guilt cannot be considered in a collateral proceeding. Turner v. Warden, 220 Md. 669, 155 A.2d 69, Barbee v. Warden, 220 Md. 647, 151 A.2d 167 The file indicates that the applicant has made several unsuccessful attempts to ide......
- Ruckle v. Warden of Md. Penitentiary, 29