Diggs v. Warden of Maryland Penitentiary

Prescott, J., delivered the opinion of the Court. This is an application for leave to appeal under the Uniform Post Conviction Procedure Act. Applicant’s petition was denied by Judge Cullen, sitting in the Criminal Court of Baltimore, on July 2, 1959. He was given a hearing in the matter, and counsel was appointed to represent him in the proceedings.

The applicant was indicted on a charge of assault with intent to rob with a deadly weapon and he was convicted on April 9, 1956, by Judge Joseph E. Carter, and thereafter sentenced to twenty (20) years in the Maryland Penitentiary. No motion for new trial was requested, nor was any appeal taken. He raises the following contentions for relief under the Post Conviction Procedure Act: 1. Has new evidence, facts and oral testimony that he is innocent. 2.

Evidence produced at his trial was insufficient to convict. 3. Police framed him and falsely accused him of said charge. 4. Was, in effect, denied the right to appeal as a result of a misunderstanding between him and his court appointed attorney, viz., applicant’s attorney informed applicant prior to the trial that in the event applicant was convicted, an appeal would be taken. 5. Case was improperly conducted by applicant’s State appointed lawyer, who failed to call witnesses and to note an appeal, and applicant was not advised of his right to have an appeal noted.

As to the first and second contentions, this Court has held that they are not available in collateral proceedings. It