Willis v. Warden

Prescott, J., delivered the opinion of the Court. Richard C. Willis prays leave to appeal under the Post Conviction Procedure Act. He was convicted of grand larceny in the Criminal Court of Baltimore, and was sentenced, on May 2, 1957, (to date from March 13, 1957), to five years’ confinement in the penitentiary. He contended at his post conviction hearing below that: (1), he requested, but was denied, counsel at the time of his original trial; (2), after his conviction, he attempted to appeal, but his attempt was frustrated by the action or non-action of the trial judge; and (3), because of the errors committed in (1) and (2), he is now entitled to an immediate release from custody.

(1) Chief Judge Niles of the Supreme Bench of Baltimore, who heard the post conviction proceeding below, held that the offense charged against the applicant was a “serious” one under Maryland Rule 723 b, and he had been erroneously denied the right of counsel to assist him at his trial. (2) Judge Niles also held that the applicant was not entitled to a delayed appeal. Applicant’s claim of the right to such an appeal was based upon a letter written to the original trial judge the day after the applicant’s conviction but before his sentence in which he stated, in substance, “I want to appeal, ⁶⁹⁴ but I don’t know how and have no money or friends to turn to.” Thereafter, no effort was made by the petitioner to institute an appeal in any manner, although he was sentenced, as above noted, on May 2, 1957. Judge Niles based this ruling upon the fact that the applicant “did not do all that he could [to effect an appeal], in fact he did nothing after sentence except to bring a habeas corpus proceeding [over a year later].” Cf.

Beard v. Warden, 211 Md. 658, 661 , 128 A. 2d 426 . (3) Judge Niles further held that the applicant was not entitled to an immediate release, but, due to the error mentioned in (1), failure of the trial judge to appoint counsel, he should be granted a new trial, if he desired one, at which he would be represented by counsel. The offer of a new trial with representation by counsel was declined by the