Jones v. Director, Patuxent Institution

Per Curiam. This is an application for leave to appeal from a finding by a jury in the Circuit Court for Prince George’s County, Judge ³¹⁸ Robert B. Mathias presiding, that Leon Ellsworth Jones is a defective delinquent. Applicant raises four contentions: 1. That while his direct appeal is pending, his civil commitment is automatically deferred as “the civil commitment must rest upon a final adjudicated criminal conviction or else it is premature * * 2.

That the requested writ of habeas corpus was improperly denied by Judge Digges. 3. That the “premature commitment to Patuxent” denied him the right to an appeal bond. 4. That “his constitutional rights under the Fourteenth Amendment to the United States Constitution have been violated deliberately.” On August 2, 1966, the applicant was convicted by a jury of murder in the second degree, and sentenced by Judge Ralph W. Powers to serve eighteen years in the Maryland Penitentiary. On August 3, 1966 a notice of appeal to the Court of Appeals was filed and on August 4, 1966 commitment was issued and delivered to the sheriff.

On August 22, 1966 an order for examination at Patuxent Institution was filed. After two time extensions for the transmission of the record for appeal were granted, the record for transmittal was filed on November 2, 1966. On November 9, 1966 a petition for relief under the Uniform Post Conviction Procedure Act was filed. On January 17, 1967 a letter and report from Patuxent Institution was filed.

On February 2, 1967 the State’s Attorney moved to continue the post conviction hearing until a determination was reached on the direct appeal and the motion was granted by Judge Roscoe H. Parker. Then, on March 23, 1967, the order of court ordering the clerk to transmit the docket entries and record transcript to the Court of Special Appeals was filed. The aforenoted defective delinquent hearing by jury was held on September 14,