Jefferson v. Director of Patuxent Institution

Horney, J., delivered'the opinion of the Court. This is an application for leave to appeal from an order of the lower court committing Raymond L. Jefferson to Patuxent Institution after a determination by a jury that he was a defective delinquent within the meaning of § 5 of Art. 3 IB of the Code (1965 Cum. Supp.). The applicant was convicted of larceny and carrying a concealed weapon and was sentenced to a term of three years in the House of Correction to run from November 24, 1961.

Following a series of events—his transfer to Patuxent for psychiatric evaluation, his being found by a jury to be a defective delinquent and his commitment to Patuxent as such a person— the applicant sought post conviction relief and was granted a new trial. Thereafter, having pled guilty at the new trial on October 14, 1963, he was resentenced to a term of three years in the House of Correction from November 24, 1961 as before and was returned to Patuxent for a reevaluation as to whether or not he was still a defective delinquent. Although the staff report, signed by the director, a medical physician and a staff psychiatrist and psychologist, bringing the psychiatric evaluation of the applicant to date was filed on March 16, 1964, five months and two days after his referral to Patuxent for a reevaluation, the defective delinquent hearing was not held until February 19, 1965. The record shows, however, that more than seven months of the ensuing eleven months delay was caused by postponements of the applicant.

The applicant contends: (i) that the staff report of the psychiatric reevaluation was not filed within the time required by Article 31B of the 1957 Code as amended; (ii) that the staff report was not in fact signed by the staff psychologist; and (iii) that the State failed to prove by a preponderance of the evidence that the applicant was a defective delinquent. 0) The contention that the staff report of the psychiatric reevaluation was not filed on