Mastromarino v. Director of Patuxent Institution

Baenus, J.,

filed the following concurring opinion:

I concur in the result in this case as I am of the opinion that defective delinquency proceedings are civil in both their substantive and procedural aspects and are not controlled by the decisions of the Court in Schowgurow v. State, 240 Md. 121, 213 A. 2d 475 (1965) and State v. Madison, 240 Md. 265, 213 A. 2d 880 (1965).

I did not sit with the Court when Schowgurow was decided, and, of course, did not participate in the decision, but my consideration of that decision indicates to me that Schowgurow was incorrectly decided. I concur with the views expressed by Judge Horney in his dissenting opinion in Schowgurow and I am of the opinion that there are additional reasons, why the decision was erroneously decided.

I did participate in the decision of Madison and I joined ín Judge Horney’s dissent in that case.

*652If the decisions in Schowgurow and Madison come before us again as controlling a future decision of the Court, it is my opinion that these decisions should be reconsidered and overruled. I did not wish my agreement with the result in the present case to be thought to foreclose, in any way, such a subsequent reconsideration.