Mullen v. Director of Patuxent Institution

Per Curiam. The applicant for leave to appeal, Emmett Willard Mullen, pleaded guilty to second degree murder and was sentenced to twelve years in the Maryland Penitentiary on August 7, 1963, by Judge' Powers, sitting in the Circuit Court for Prince George’s County. He did not appeal, but in October 1963 filed a petition under the Post Conviction Procedure Act, listing the following seven grounds for relief : 1. he was advised and induced by a police officer to waive his preliminary hearing ; 2. his “indictment was not a true bill” as it was procured by ⁶⁵⁶ a single police officer who appeared before the grand jury and rendered hearsay evidence; 3. one of the persons who testified before the trial court committed perjury (the evidence was only taken in regard to Mullen’s sentence, as he had pleaded guilty) ; 4. a police officer, who was present in court when the alleged false statements were being made, knew them to be untrue but made no effort to contradict them; 5. police officers gave false testimony before the court and beat him to educe a confession from him; 6. the police perpetrated an illegal search and seizure of his apartment; 7. his counsel acted not in his “best interest” when he advised him to plead guilty to murder in the second degree. All of the above contentions were examined carefully and dismissed on factual bases by Judge Parker, who conducted the hearing on Mullen’s petition, and we adopt the