Jackson v. Warden of Maryland Penitentiary

Hammond, J., delivered the opinion of the Court. Raymond Jackson seeks leave to appeal from the denial of the writ of habeas corpus by Judge Michael Paul Smith of the Circuit Court for Baltimore County. He seeks release from a thirty year sentence after conviction of armed robbery, saying that he is entitled to the writ because: 1, the arresting officer did not have a warrant for his arrest; 2, that at no time between the time of his arrest and conviction was he advised of his constitutional rights concerning incriminating statements; 3, that his court-appointed counsel refused to call his witnesses; 4, that the trial judge was prejudiced against him; and 5, that the State’s Attorney stated that he did not have enough evidence to convict him. Jackson’s claim that a warrant was not issued for his arrest is of no avail.

The irregularity of an arrest cannot be inquired into on habeas corpus after trial and conviction. Smith ⁶⁰¹ v. Warden, 207 Md. 628; Cumberland v. Warden, 205 Md. 646 . The petitioner does not allege, nor does the record show, that he made a confession or admissions which were used to convict him. Before a confession is admitted against an accused, the court must be satisfied that it was made voluntarily.

There is nothing to indicate that if an admission or confession was used against Jackson that the court failed in its duty and, if it did, the petitioner should have sought an appeal to rectify the error. If it be assumed that there was error in the respect hinted at, this would go to the regularity of the proceedings of a court of general jurisdiction and would not be ground for the