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Tomaselli v. Warden of Maryland House of Correction
Citations: 210 Md. 674; 124 A.2d 253; 1956 Md. LEXIS 505Docket: H. C. No. 9
Court: Court of Appeals of Maryland; July 27, 1956; Maryland; State Supreme Court
Peter J. Tomaselli, a prisoner at the Maryland House of Correction, sought to appeal the denial of his habeas corpus petition. He was initially arraigned in September 1955 for violating narcotics laws, pleaded not guilty, and was assigned legal counsel. After the information against him was amended, he changed his plea to guilty, resulting in a five-year sentence. Tomaselli argues that he did not receive a fair trial and claims his attorney provided him with erroneous advice. However, he fails to provide factual support for his claims or indicate that he raised any concerns with the trial judge. The court ruled that claims of ineffective assistance of counsel will not be considered in habeas corpus proceedings absent allegations of fraud or collusion with state officials, particularly when the petitioner had the opportunity to voice complaints during the trial and did not do so. The court ultimately denied the application, imposing costs on the petitioner.