Pearlman v. State

MEMORANDUM OPINION AND ORDER PER Curiam. The State has moved to dismiss the purported appeal of William Pearlman from an order of the Criminal Court of Baltimore dated August 11, 1961, denying Pearlman’s application for a redetermination of the question of his indigency. Pearlman was found not to be an indigent and hence not entitled, at State expense, to a copy of the transcript or to payment of a counsel fee in connection with a motion for a new trial in a case in which he and four co-defendants had been convicted of conspiracy to defraud. The question of Pearl-man’s indigency was determined adversely to him in the Criminal Court of Baltimore after a full hearing held on October 20, 1960, by an order dated November 15, 1960.

On appeal to this Court, this finding was affirmed on July 5, 1961. It was held by this Court that Pearlman (and two of his co-defendants who had also been found not to be indigent) would have to pay their pro rata shares of the cost of the transcript if they desired to press their motions for a new trial or to appeal on the merits, and that they would have to employ their own counsel if they desired to be represented by counsel on such a motion or on appeal. Pearlman v. State, 226 Md. 67 , 172 A. 2d 395 . ³⁵² Almost immediately Pearlman sought a stay of the mandate pending application to the Supreme Court of the United States for a writ of certiorari, which application, we were informed, was to be based upon a change in Pearlman’s financial condition which he claimed had occurred after the date of the hearing in the trial court on his alleged indigency. This Court being of the opinion any such subsequent change as might have occurred would not constitute a part of the record on his appeal refused to issue a stay.

Pearlman then applied to a Justice of the Supreme Court for a stay of the mandate, which was opposed by the State and was denied by Mr. Justice Black on August 4, 1961. Pearlman then filed an application dated August 6, 1961, with a Judge of the Criminal Court of Baltimore, Judge Sodaro, for a redetermination of the question of his indigency based upon his then financial condition. This application was denied