Bonner v. Director of Patuxent Institution

Marbury, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of post conviction relief on October 2, 1964, by Judge Sodaro. Applicant was convicted on the fourth count of a robbery indictment on July 12, 1963, by Judge Foster. He was sentenced to serve six years in the Maryland Penitentiary, the sentence to run concurrently with a three year sentence imposed by Judge Jones on November 5, 1962, for larceny.

Subsequently, the applicant was referred to the Patuxent Institution for evaluation and examination; and on February 7, 1964, after a hearing at which he was represented by court appointed counsel, he was determined to be a defective delinquent and ordered confined in that institution by Chief Judge Manley. In his petition and at his hearing before Judge Sodaro, he contended that: (1) he was not represented by counsel at his preliminary hearing on the robbery charge; (2) that he was not placed in a legitimate lineup at police headquarters, but taken in handcuffs and under arrest before the accuser for the purpose of identification during the preliminary hearing; (3) that his statement, taken while he was not represented by counsel, was for that reason alone illegally admitted in evidence against him at his trial; (4) that he was incarcerated for nine months before trial; (5) that his co-defendant was given State immunity to testify against him even though she was an habitual liar; and (6) that the State’s Attorney did not file an answer to his petition pursuant to