Turner v. Director of Patuxent Institution
Turner v. Director of Patuxent Institution
Opinion of the Court
This is an application for leave to appeal by William Turner from a finding of the Criminal Court of Baltimore, Judge Meyer M. Cardin sitting without a jury, that he is a defective delinquent, and the order of the court dated February 15, 1965, committing him to the Patuxent Institution.
In this current application for leave to appeal, Turner raises four contentions:
1. That the verdict was against the weight of the evidence.
2. That the testimony of the applicant indicated that he was ready to reenter society.
3. That the State’s witness, Dr. Boslow, testified about conclusions rendered by other persons.
4. That the verdict violated the United States and Maryland Constitutions because:
a. the applicant was denied his right of confrontation and cross-examination
b. Article 31B amounts to cruel and unusual punishment
c. the applicant’s privilege against self-incrimination was violated when the applicant was forced to answer test questions at the Institution
d. the statute is penal without the usual penal safeguards
e. the statute violates the Due Process, Equal Protection, and Privileges and Immunities clauses of the federal Constitution.
The first contention must fail since the Court has consistently held that questions as to the weight of the evidence are not available on application for leave to appeal if, in a non-jury case, the finding of the lower court is not clearly erroneous. Alt v. Director, 240 Md. 262 (1965) ; Blakney v. Director, 239 Md. 704 (1965); Colbert v. Director, 234 Md. 639 (1964). With regard to the applicant’s second contention this Court has held that evidence of rehabilitation goes to the weight of the evidence. Silvestri v. Director, 234 Md. 641 (1964). Applicant’s third contention is likewise without merit. We have held repeatedly that Dr. Boslow’s testimony is not inadmissible be
Finally, the various points raised in the applicant’s fourth contention have been fully considered and rejected in Director v. Daniels, 243 Md. 16 (1966).
Application denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.