Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.


Brief Brief:  Bigley v. Warden of Maryland Correctional Facility for Women, 16 Md. App. 1 (1972)

Issue: Courts taking into consideration other pending criminal cases while affixing bail in another.

Procedural Posture:  Case was a Habeas Petition out of the Circuit Court of Baltimore, who denied relief regarding bail pending appeal.  Court of Special Appeals denied relief.   See Generally Id.

Facts: “Patricia Ann Bigley and Tyrone Earl Fleming, applicants, were both convicted in the Circuit Court for Baltimore County on May 16, 1972, of two violations of the narcotic laws of this State. Each was sentenced to a total of six years imprisonment by Judge Kenneth C. Proctor. Immediately following the sentencing, counsel for Bigley and Fleming requested the trial judge to ‘consider setting an appeal bond.’ The request was denied. Subsequently, on June 1, 1972, an ‘application for bail’ on behalf of applicants was heard, considered, and denied by Judge Proctor. Thereafter, applicants sought relief in the Court of Appeals of Maryland from the denial of bail. That Court, on June 30, 1972, dismissed the application,” with leave to file in proper appellant court, Court of Special Appeals. Id. at 3.


“‘Generally speaking, it may be said that, in an ordinary criminal case, other than for a capital offense, an accused, after as well as before conviction, and pending the consideration of the final hearing of his case in the appellate courts, is entitled to bail. There may be unusual cases, arising either from the nature of the offense, or the character of the defendant, that would warrant the court to hesitate in granting bail; but these are exceptional cases, and presumptively the right to bail exists, and ought to be granted an accused.”  Id. at 10-11 quoting Jones v. United States, 12 F.2d 708 (4th Cir. 1926),

“We think that the judge could properly consider the indictments pending against the applicants because those indictments, coupled with the instant conviction, cumulatively enhanced the possibility of punishment and proportionately increased the potentiality of flight. Of course, in fixing bail in respect to a particular offense before trial,  the court may not consider other charges pending against an accused, except as lawfully provided in Article 27, Section 616 ½.”  Emphasis added, Id. at 13.

Practitioner Note:  Article 27 Section 616 ½  is encompassed in CP Section 5-202: Escape; Drug Kingpin (CR Section 5-613); Crime of Violence; arson in 1st degree; burglary 1st 2nd 3rd, child abuse under Criminal Law 3-601 0r 3-602; crime related to destructive device under Criminal Law 4-503; manslaughter by vehicle under Criminal Law 2-209.  

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