Savoy v. Warden of Maryland House of Correction

Horney, J., delivered the opinion of the Court. On October 3, 1957, Judge Anselm Sodaro, of the Baltimore City Court, denied the petition of Russell Savoy for a writ of habeas corpus. The petitioner has applied to this Court for leave to appeal. The petitioner was convicted of rape, assault with intent to rape and assault and battery in the Circuit Court for Prince George’s County (Marbury, J.) and was sentenced to the Maryland House of Correction for a period of twenty years.

The petitioner contends that he is unlawfully imprisoned and is entitled to a writ of habeas corpus: (i) because his court-appointed counsel entered a plea of guilty without his consent; (ii) because his attorney and the State’s Attorney induced him to confess his guilt when “both * * * [knew] full well that the rape was committed by * * * [his] uncle who was an adult”; (iii) because he pleaded not guilty and elected a trial by jury; and (iv) because, when he changed his plea from not guilty to guilty, he was only fourteen years ⁶¹⁹ old, uneducated and ignorant of his right to insist upon a trial by jury. In a paper writing filed in this Court, entitled “Supplement and Amendment to Papers Already Filed”, the petitioner assigns an additional reason why the writ should be issued, which was not set forth in the petition denied by Judge Sodaro, to the effect that when he pleaded guilty and was sentenced “there was no provision for a destitute defendant to obtain a new trial or an appellate review by this Court”. This point was not raised below and we will not consider it here. Roberts v. Warden, 211 Md. 639 , 126 A. 2d 857 (1956).

Even if the allegation were properly before us, it would avail the petitioner nothing. Not only does he fail to state that he was indigent or that indigency prevented him from perfecting a new trial or an appeal, but he failed to allege that he sought either a new trial or an appellate review. The petitioner also requested this Court to appoint counsel to represent him upon this application for leave to appeal from the denial of the writ of habeas corpus. Fie was advised by the Clerk of this Court that we would consider appointing counsel on his behalf should this application for leave to appeal be granted.

But the petitioner has assigned no sufficient reason why he is entitled to a writ of habeas corpus. (i) and (iii). Entry of plea without consent — Change of plea from not guilty to guilty: The entry of a plea of guilty, without the consent of the defendant, absent an allegation that it was done without the knowledge of the petitioner, or that he made his objections to the guilty plea known to the trial court, is not grounds for a writ of habeas corpus. The docket entries show that when the petitioner was arraigned on April 14, 1949, he entered a plea of not guilty, but on May 6, 1949, his counsel appointed by the