Plater v. Warden of Maryland House of Correction

Henderson, J., delivered the opinion of the Court. This is an application for leave to appeal from the denial of a writ of habeas corpus by Judge Gray, in the Circuit Court for Prince George’s County. Petitioner was convicted and sentenced to ten years in the House of Correction, from December 17, 1955, by Judge Byrnes, in the Criminal Court of Baltimore, on a charge of robbery with a deadly weapon. In his application to Judge Gray he stated that he was indicted jointly with one Lester, that the same attorney who had been employed by Lester and appeared for him, was appointed by the court to represent the petitioner, that the attorney disregarded his request for a jury trial and for a severance, and that the attorney was disqualified by interest to act for him and did not properly represent him.

Judge Gray held a hearing in the matter, at which the petitioner testified as did the attorney in question. After full consideration, Judge Gray dismissed the petition on the ground that the allegations of fact were not supported, and remanded the prisoner. We find no error in Judge Gray’s action. The record shows that at the time of his arraignment the petitioner indicated that he desired to employ Mr. Freedman, who had previously represented him, and that he had talked to Mr. Freedman, but had been unable to get his mother to pay him a fee.

The court indicated that he would appoint counsel, if advised promptly of his inability to raise a fee. When subsequently informed that the petitioner had been unable to obtain funds, the court appointed Mr. Freedman. The docket entries show that the appearance of Mr. Freedman was duly entered for the petitioner, and that a jury trial was waived in the peti ⁶³¹ tioner’s