Duffin v. Warden of Maryland Penitentiary

Bruñe, C. J., delivered the opinion of the Court. The applicant, Lawrence Duffin, was tried in the Circuit Court for Montgomery County before the court (Shure, J.) and a jury on charges of assault with intent to murder and assault and battery. The jury found him guilty on the assault and battery charge, but not guilty of assault with intent to murder. He had a past record (for shooting a sister of the prosecuting witness, for which he received a six year sentence and served more than four and a half years) and was sentenced to five years’ imprisonment on the recent offense.

In his amended petition under the Uniform Post Conviction Procedure Act (the Act), filed through his counsel appointed thereunder, and in an affidavit accompanying it, he alleged violation of State and Federal constitutional rights of due process and against self-incrimination. He also alleged that due to ignorance and lack of education he was unable to note and perfect an appeal and was incapable of waiving his right of appeal. In support of his claims of denial of constitutional rights he alleged, in effect, suppression of evidence and improper admission of his past record. He also sought to raise matters going to the question of guilt or innocence.

His charge of suppression of evidence is based upon the fact that a knife taken from the prosecuting witness, Loretta ⁶⁴⁷ Jane Mahoney, by the police was not offered in evidence. Duffin’s own statement regarding this matter is thus set forth in a document headed “Contentions” which accompanied his original petition: “that Eoretta Jane Mahoney was armed with a knife at the time of the alleged ‘assault’ and that such knife was taken from her person by arresting officers. That further such knife, while shown at the Hearing was not a part of the evidence at Petitioner’s trial and that such knife is in the hands of the police authorities now.” Whether the “hearing” referred