Taylor v. Director, Patuxent Institution

Thompson, J., delivered the opinion of the Court. Taylor, presently an inmate at Patuxent Institution, has filed for several writs of habeas corpus attacking his original conviction and sentence of five years for the crimes of break ²⁴ ing and entering, and larceny, imposed by Judge Edward D. E. Rollins on December 9, 1964. On January 3, 1966, and on January 27, 1966, Taylor filed separate petitions for writs of habeas corpus in the Circuit Court for Cecil County. On February 8, 1966, Chief Judge J. DeWeese Carter denied the petitions without hearing, for the reason there were no facts alleged which would warrant relief by writ of habeas corpus.

The record does not show that a copy was mailed to Taylor. In his first petition for relief under the Uniform Post Conviction Procedure Act, filed June 3, 1966, it is alleged that the Petitioner was denied “due process” of law by not receiving a reply to the aforesaid “petition for writ of habeas corpus”. In the affidavit thereto, Taylor stated he was without funds. Judge Edward D. E. Rollins denied the petition without the appointment of counsel and without hearing on June 9, 1966, stating that no facts were alleged which would entitle Taylor to relief under the Uniform Post Conviction Procedure Act.

No finding was made as to the indigency. Taylor applied to the Court of Appeals of Maryland for leave to appeal on