Jones v. Warden

Orth, J., delivered the opinion of the Court. On 23 September 1969 Raymond Jones was found guilty by a jury in the Circuit Court for Baltimore County of robbery with a deadly weapon and other offenses. He was sentenced to imprisonment for a total of 25 years, reduced by order of the court on 9 October to 15 years. 1 The judgments were affirmed on appeal to this Court by a per curiam opinion, Jones v. State, unreported, No. 378, September Term, 1969, filed 22 June 1970, mandate issued on 22 July 1970. On 7 August 1970 Jones filed a document in proper person entitled “Petition for Amendment and Injunctive Relief.” It set out that on 1 June 1970 he had filed a petition for a writ of habeas corpus with this Court which had been referred to the Circuit Court for Baltimore County.

The petition was denied 9' July 1970. But attached to the petition was the sworn affidavit of Joseph Edward Harris “wherein was stated, after reciting the details of the commission of the crime as follows: T have recently made the acquaintance of a man by the name of: Raymond Jones #110266, here at this institution [Maryland Correctional Institution in Hagerstown], and I ascertain that this man was convicted for these crimes he ³⁴⁵ could not possibly have committed. The gravamen of this affidavit is to remorsefully render the truth and the fact that Raymond Jones #110266 did not commit this robbery but that it was I, Joseph Edward Harris.’ ” The lower court treated this document as a petition for post conviction relief. It appointed counsel, notifying him that he was appointed to represent Jones “who has requested a hearing under the Post-Conviction Procedure Act.” Counsel filed an “amended post-conviction application” stating in substance what Jones had set forth in his original document.

A hearing was had on 11 September 1970 and the record shows that a writ of habeas corpus ad testificandum was issued for the appearance of Joseph Harris. A transcript of the proceedings is not included in the record before us. Maryland Rule BK45 provides that after the hearing the court shall make an order on the petition as justice may require, § a, and that the order shall include or be accompanied by a short memorandum of the grounds of the petition, the questions, including specifically the federal and state rights involved, and the reasons for the action taken thereon, § b. A copy of the order and memorandum shall be sent to the petitioner, to his counsel and to the Administrative Office of the Courts, § d.

We do not find that there was compliance with Rule BK45. In the record is only an unsigned carbon copy of a letter dated 30 September 1970 from Maguire, J. to Jones’ counsel of record, indicating a copy was sent to Jones and to the State’s Attorney’s office. It reads: “It was agreed at the hearing of your client, Raymond Jones, who made application for