Shaffer v. Warden of Maryland House of Correction

Collins, J., delivered the opinion of the Court. This is an application by Joseph Leslie Shaffer for leave to appeal from the denial of a writ of habeas corpus. He pleaded guilty to a charge of burglary and was sentenced by the Criminal Court of Baltimore to three years in the Maryland House of Correction. Petitioner contends that he has a speech defect and that actually he pleaded not guilty and that the trial court mistook the plea to be one of guilty and before he could explain this to the court he had been sentenced.

The transcript of the arraignment proceedings in the Criminal Court of Baltimore shows, Code (1951), Art. 42, sec. 5, that the Clerk of the Court notified Shaffer that he was charged with burglary and he was asked whether he received a copy of the indictment. Shaffer answered: “Yes.” He was asked his age and he replied : “Nineteen.” He was also asked: “How do you plead ?”, to which he replied: “Guilty.” This shows that the trial judge, the stenographer and the Clerk understood that petitioner pleaded guilty. It is not conceivable that all of these should have been mistaken as to the plea. Petitioner further contends that certain necessary witnesses were available to him and due to the excitement and his speech defect he was not able to make the court understand concerning the nature and whereabouts of these witnesses.

Alleged irregularities in the conduct of a trial are not reviewable on habeas corpus. Barker v. Warden, 208 Md. 662 , 119 A. 2d 710 ; Reeder v. Warden, 196 Md. 683 , 77 A. 2d 1 . Petitioner further contends that he was only nineteen years of age and below the average in mental capacity and was suffering from a congenital speech defect. He was asked by ⁶³⁷ the trial court whether he was represented by counsel and he indicated that he did not have counsel.

To this remark the court made no reply, and when petitioner “spoke up” to ask whether counsel could be appointed for him, the trial court said “all right then” and