Bryson v. Warden, Balto. City Jail

Smith, J., delivered the opinion of the Court. We shall here affirm the denial of release under the writ of habeas corpus to William Bryson, Jr. The State of Virginia desires to place Bryson on trial on a charge of felonious assault. It made a request to the Governor of Maryland for Bryson’s rendition. A warrant was duly issued.

Pursuant to Code (1957, 1978 Repl. Vol.) Art. 41, § 25, a part of the Uniform Criminal Extradition Act, Bryson sought the writ of habeas corpus. The proceeding was docketed in the Baltimore City Court. He swore to the petition under the penalties of perjury.

Attached to it was a statement of facts in which Bryson "deniefd] that he is the party involved in said case....” The petition apparently was prepared by an attorney from the Public Defender’s office, the same attorney who represented Bryson at the hearing in the trial court, but not the same attorney who appeared on his behalf in this Court. The writ was issued returnable before Judge Hammerman at 9:30 a.m. on July 25, 1979. Bryson had previously been released on bail. When the case was called on that day at that hour, Bryson’s attorney was present, but Bryson was not.

The attorney said he did not know where Bryson was, although he thought Bryson knew about the hearing. He said that it was his client’s contention "that he is not the party,” although at another point he said, "According to my client there seems to be — that this is between not strangers but parties friendly to each other and there was a misunderstanding.” The latter statement is hardly consistent with a claim not to be the party sought or a claim not to have been in the demanding state at the time of the commission of the alleged crime. In response to a question from the court as to whether there would be anything that Bryson could tell the court, ⁴⁶⁹ whether there would be anything that the judge could do other than to deny the petition, counsel said: I don’t think so, there is very little. Only the fact that possibly if he says that he was not the party who committed that offense and he would come into court and would bring with him five or six witnesses or time sheets showing that that date this offense occurred he was gainfully employed working here in Maryland at that time. [(Emphasis added.)] The trial judge denied release but continued the case until 10:00 a.m.

Counsel for Bryson said that he came directly to the courtroom from his home and suggested that Bryson conceivably could be sitting in the office of the Public Defender. Later that morning counsel again appeared before the court. He advised that efforts to locate Bryson had been fruitless. The bail of $50,000, said to have been posted by members of Bryson’s family, was then ordered forfeited.

At 2:00 p.m. on the same day Bryson and his attorney appeared before the same judge. His attorney then stated that he was under the impression that he had told Bryson to be in court that morning. He explained some confusion and related how he located Bryson through Bryson’s brother who was involved with the bail. The order forfeiting bail was stricken.

The trial judge said that Bryson was "in a posture of having his petition denied.” Bail was continued. Bryson made no motion to reopen the proceedings, made no attempt to testify, and made no proffer of what he might have said had he testified. An appeal was entered to the Court of Special Appeals from the denial of release under the writ. We granted certiorari prior to the time that the case was heard by that