Lewis v. Warden

Powers, J., delivered the opinion of the Court. Curtis James Lewis has applied to this Court for leave to appeal from an order of Judge Albert L. Sklar in Baltimore City Court denying habeas corpus relief from allegedly excessive bail pending appeal from his conviction in the Criminal Court of Baltimore. His right to apply for leave to appeal was created by Acts of 1972, ch. 392, codified as Art. 42, § 20. See Bigley and Fleming v. Warden, 16 Md. App. 1 .

Lewis pleaded guilty before Judge David Ross in the Criminal Court of Baltimore to an indictment charging unauthorized use of a motor vehicle. After holding the case sub curia from 1 May 1972 to 12 May 1972 Judge Ross imposed the maximum sentence of four years. A direct appeal to this Court was filed. The record indicates that Judge Ross was requested to set bail pending appeal.

See Maryland Rule 777 b. He set bail at $20,000.00. Upon a petition for a writ of habeas corpus filed by ³⁴¹ Lewis in the Baltimore City Court the writ was issued, and made returnable before Judge Sklar on 18 October 1972. The State filed an answer asserting that Maryland Rule 777 b prevails over Rules Z40-Z56, and that only Judge Ross, or, by reason of his absence or disability, another judge of the Criminal Court of Baltimore, had power to set bail.

The State further contended that the applicant’s remedy to inquire into the excessiveness of the bail set by Judge Ross was to petition this Court for leave to appeal from the order of Judge Ross. The State’s position was not correct. Rule 777 b applies to the admission to bail after conviction,