Ellis v. Warden of the Maryland Penitentiary

In his application for leave to appeal, petitioner states four grounds for relief: (1) that his constitutional rights were violated; (2) that he did not have counsel at his preliminary hearing (at which time he entered, or had entered on his behalf, a plea of not guilty); (3) that he was illegally arrested; and, (4) that conflicting statements were made by the State’s witnesses.

The court below (Judge Cardin) denied relief on the first ground raised by petitioner, because it was a mere bald allegation of a denial of constitutional rights. Matthews v. Warden, 223 Md. 649.

On the second point,…