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CUTHRELL v. DIRECTOR, PATUXENT INSTITUTION

No. 71-2068.

475 F.2d 1364 (1973)

Joseph F. CUTHRELL, Appellant, v. DIRECTOR, PATUXENT INSTITUTION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1973.

Attorney(s) appearing for the Case

Charles F. Morgan, Baltimore, Md. (Court-appointed counsel) (Michael Millemann, Baltimore, Md., on brief), for appellant.

Harry A. E. Taylor and Donald R. Stutman, Asst. Attys. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, and Edward F. Borgerding, Chief, Crim. Div., Asst. Atty. Gen. of Maryland, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, RUSSELL and WIDENER, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The petitioner in this habeas proceeding is a Maryland prisoner who seeks to invalidate his guilty plea as involuntary because he was not advised, before his plea was accepted, that he might, as a result of his plea, be sent to Patuxent Institution for evaluation and treatment under procedures spelt out in the Maryland Defective Delinquent Act.1 The proceeding followed an unsuccessful appeal for post-conviction...

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