Shields v. Director, Patuxent Institution

Orth, J., delivered the opinion of the Court. Herbert Hamilton Shields was determined by the Criminal Court of Baltimore to be a defective delinquent on 4 February 1963 and committed to Patuxent Institution. Code, Art. 31B, §§ 5-9. On 25 October 1965 the Criminal Court of Baltimore redetermined that he was a defective delinquent, Code, Art. 31B, § 10 and application for leave to appeal from the order recommitting him to Patuxent Institution was denied, Shields v. Director, 244 Md. 710 .

On 28 August 1968 he again petitioned for review and on 23 December 1969 he was found by the Criminal Court of Baltimore to be a defective delinquent and recommitted to Patuxent Institution. On 30 December 1969 he filed an application for leave to appeal. 1 He makes allegations of error going to the sufficiency of the evidence and in addition claims “that Judge Howard [who pre ³⁴⁹ sided at the redetermination hearing which is involved in this proceeding] had agreed to find the Petitioner not to be a Defective Delinquent should his Order to release the Petitioner on the Work Release Program be overruled by the Special Court of Appeals.” As to the sufficiency of the evidence, the report of Patuxent Institution showing a finding of defective delinquency or testimony to that effect by the Superintendent would be enough to overcome a claim that the determination by the hearing court that applicant was a defective delinquent was clearly erroneous. Walker v. Director, 6 Md. App. 206 ; Maryland Rule 1086. The record indicates an interval note by the staff of the Institution was filed 13 June 1969 and applicant does not suggest that the opinion expressed therein was other than that he was a defective delinquent.

In fact his allegation that the evidence was insufficient is made as a bald allegation with no specificity whatsoever. It provides no ground on which to grant his application for leave to appeal. In State v. Blakney, 8 Md. App. 232 we held that neither Code, Art. 31B, § 13 (d) or § 13 (f) empowers a lower court to place a defective delinquent on a “workout, live-in status.” We said, “Section 13 (d) applies only if the institutional board of review determines that it may be for the