Murray v. Director of Patuxent Institution

Horney, J., delivered the opinion of the Court. On October 11, 1961, Roosevelt Murray, having been found to be a defective delinquent, was committed to the Patuxent Institution for an indeterminate period without either maximum or minimum limits. And on November 10, 1961, he applied to this Court for leave to appeal. In his application, the applicant, in asserting that he was “denied due process of law” at the hearing, contends (i) that he was “not granted his choice of counsel”; (ii) that he was “denied a psychiatrist of his own choice”; (iii) that he was “never formally arraigned”; (iv) that he was “not served with a copy” of the report of the director of the institution; (v) that he was “not confronted with all of the witnesses against him” in that “testimony was permitted in court without the witness being present”; and (vi) that “false evidence was used against him” regarding his escape from the Crowns-ville State Plospital.

(i) The record shows that the court appointed competent counsel to represent the applicant prior to the initial hearing, but when the applicant appeared, he declined to accept the lawyer the court had appointed for him, claiming that he was entitled to counsel of his own choosing. But when the court informed the applicant that he was not entitled to another lawyer at the expense of the State and that he had a choice ⁶⁶⁰ of accepting the court-appointed counsel, of engaging counsel of his own selection at his expense, or of representing himself, the applicant adopted the suggestion of the court that he give the matter further consideration. The record is silent as to any choice he made, but it does appear that the court-appointed counsel competently represented the applicant when the case was heard upon reassignment. He has raised here, however, a question as to the propriety of the appointment of counsel.

Code (1957), Art. 3IB, § 8 (a), provides in pertinent part that a defendant “shall be represented by counsel of his own choice, or if he makes no choice, by competent counsel appointed by the court.” While it is clear that a defendant is entitled to counsel, the stipulation that he shall be “represented by counsel of his