Keeling v. Director, Patuxent Institution

Per Curiam. Leon Keeling, Jr. was convicted on June 20, 1962 by Judge Shirley B. Jones, sitting in the Criminal Court of Baltimore, of robbery and was sentenced to five years in the Maryland State Reformatory for Males. On September 17, 1963, Judge Jones, at the request of the Department of Correction, ordered ¹²⁴ Keeling to be transferred to Patuxent Institution to determine whether he was a defective delinquent pursuant to the provisions of Art. 31B, § 5, Md. Code (1967 Repl. Vol.).

After a full evidentiary hearing before Judge Michael J. Manley, sitting with a jury, he was found to be a defective delinquent and was ordered by Judge Manley to be committed to Patuxent in accordance to Art. 31B of the Code. On November 22, 1967, it was redetermined that he was a defective delinquent in a trial before Judge Joseph L. Carter, sitting without a jury. It is from this redetermination that he requests leave to appeal. Keeling contends that he did not receive a fair redetermination hearing in that: (a) the judge who presided at the redetermination hearing was biased.

(b) Dr. Boslow was biased. (c) his trial counsel was incompetent. All of the reasons that the applicant assigns are without merit. The first reason cited is a bald statement without any showing how the judge was not impartial or how the applicant was in any way prejudiced.

Bald assertions afford no grounds for relief. Wilmer v. Warden, 244 Md. 718 , 224 A. 2d 106 , Curnyn v. Warden, 1 Md. App. 450 , 230 A. 2d 685 . The second reason advanced by the applicant is also a bald