Schaedler v. Warden

Thompson, J., delivered the opinion of the Court. On April 5, 1965, Schaedler was found guilty under an indictment for robbery with a deadly weapon and sentenced to ten years in the Maryland Penitentiary by Judge Edward D. E. Rollins, sitting without a jury, in the Circuit Court for Cecil County. A motion for new trial was filed and was denied by Judge Rollins on April 15, 1965. The record does not show that Schaedler was notified of this ruling.

Following appointment of counsel and two hearings on his application for relief under the Uniform Post Conviction Procedure Act, Code Art. 27, Secs. 645A through 654J, Judge Thomas J. Keating, Jr. denied relief on June 17, 1966. On June 23, 1966, Schaedler filed an application for leave to appeal to the Court of Appeals of Maryland. On January 6, 1967, the application was referred to this court for disposition. On April 9, 1965, the Clerk of the Circuit Court for Cecil County, received an envelope containing a hand-printed document entitled “Motion for a New Trial”, signed by Schaedler in proper person and sworn to by him on April 8, 1965, at the Maryland Penitentiary.

On the same day, the court appointed attorney in the original trial, wrote him as follows: “This will acknowledge your letter of April 6th. I am sure that you have received by now my letter of the same date to you advising you of your right to appeal and other appropriate actions that you might take. “As far as your grounds for appeal are concerned, it is my opinion that an appeal would be futile. I know of no grounds which would be contained in the record of the case which would be the basis for an ap ²⁷ peal. Your suggestion that in the beginning of the case, when a witness had been called, the Court was reminded that the docket had not showed that you had been arraigned and as a result thereof, you were then arraigned before the witness had a chance to testify, would be the basis of an appeal is untenable. “As I mentioned to you in my letter, my responsibility in this matter ended with the rendition of the verdict.

If you wish to take an appeal, you may write directly to the Court or the Clerk of the Court advising the Court or the Clerk that you wish to take an appeal from the judgment and sentence in your case. This will be duly filed and appeal will be taken accordingly. You should also ask at the same time that counsel be appointed for you to prepare your appeal. “I am not interested in further representation of you in this case because I do not think that there is any basis for an appeal. Consequently, I do not feel that I could be helpful to you.

Yours very truly” By letter dated April 30, 1965, addressed to “Clerk of Courts, Court of Appeals, Annapolis, Maryland”, and received in that office on May 4, 1965, the Defendant stated as follows: “Dear Sir: “Please be advised on the 6th of April, 1965, I received the sentence of ten years for armed robbery to run concurrent with a three year sentence. On the 7th day of April, I filed a motion for appeal in the Cecil Court, Elkton, Maryland, for the following reasons: — (Listing seven reasons) “It is with a prayer that you appoint me a counsel to file a direct appeal against the illegal and unconstitutional trial. “Further I pray that I be granted the request in Forma Pauperis. I am a poor person and am unlettered in the art of law.” On May 4, 1965, the Chief Deputy Clerk of the Court of ²⁸ Appeals, thinking that the appeal related to an