Tippett v. Director, Patuxent Institution

Per Curiam. On December 16, 1966, applicant was redetermined to be a defective delinquent within the meaning of the Maryland Defective Delinquent Act, Article 3IB of the Maryland Code (1967 Repl. Vol.), by a jury in the Circuit Court for Prince George’s County. Following his recommitment to Patuxent Institution, he immediately expressed his desire to file an application for leave to appeal from the jury’s determination, stating in a let ⁴⁶⁶ ter to the court, dated December 23, 1966, that “I wish to appeal on the grounds of incompetent counsel, for the attorney I had did not show any defense whatsoever.” The court promptly appointed counsel to represent the applicant and prosecute his application for leave to appeal.

On March 7, 1967, applicant’s counsel filed a detailed “Report to Court,” stating therein, inter alia, that after his appointment as counsel for the applicant, he examined all pertinent files pertaining to the case, including applicant’s files and records at Patuxent Institution; that he thereafter personally interviewed the applicant who told him that his basis for appeal was incompetency of counsel in that “he did not try quite hard enough in his address to the jury;” that an examination of the redetermination proceedings indicated that both the State’s and applicant’s own privately employed psychiatrist testified that applicant was still a defective delinquent; and that his investigation demonstrated that trial counsel was not incompetent and, accordingly, applicant’s counsel “does not believe that an appeal based on incompetency of counsel and which is the only issue that the patient himself feels is the basis of his appeal, is even fairly debatable under the law, and that this court either dismiss the appeal or allow (him) to be relieved of his appointment herein.” A copy of counsel’s “Report to Court” was sent to the applicant at Patuxent Institution on February 24, 1967. No response to that report has been filed by the applicant with the court. In Anders v. California, 387 U. S. 738 (decided May 8, 1967), the Supreme Court held, in effect, that the constitutional right to counsel requires that on an indigent’s first appeal from his criminal conviction, court-appointed