Daisey v. Warden of Maryland House of Correction

Leave is applied for by Emanuel Daisey to appeal from a denial of the writ of habeas corpus by the Circuit Court for Baltimore County (Gontrum, J.). ⁶⁵⁴ Petitioner was tried before a trial magistrate, found guilty of assault and battery and sentenced to serve three years in the Maryland House of Correction. The petitioner contends that he was denied the benefit of court appointed counsel; that he was denied witnesses in his behalf; that he was denied the right to cross-examine witnesses; that he was denied bond; and that he requested an appeal to the Circuit Court for Wicomico County, which was denied. There is no merit in petitioner’s complaint concerning denial of court appointed counsel. This is not a case where a traverser claims that he was denied the right to have a lawyer, but'merely that the Court refused to appoint one for him.

He has not met the burden of showing that for want of the opportunity of counsel “an ingredient of unfairness operated actively in the process that resulted in his confinement” Martucci v. Warden, 202 Md. 648 , 96 A. 2d 490 ; Anglin v. Warden, 201 Md. 665 , 95 A. 2d 89 ; Betts v. Brady, 316 U. S. 455 , 62 S. Ct. 1252 ; Gibbs v. Burke, 337 U. S. 773 , 69 S. Ct. 1247 . A complaint that a defendant was refused an opportunity to obtain witnesses is reviewable on appeal, but not on