733 A.2d 1044 (Md. 1999), 6, State v. Brown
| Citation | 355 Md. 89,733 A.2d 1044 |
| Date | 28 July 1999 |
| Docket Number | Sept. Term,1999.,6 |
| Parties | STATE of Maryland v. James T. BROWN, Jr. |
| Court | Maryland Court of Appeals |
Page 1044
Ann N. Bosse, Asst. Atty. Gen. ( J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for petitioner.
Deborah Liu (William H. Murphy, Jr. & Assoc., on brief), Baltimore, for respondent.
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Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and ROBERT L. KARWACKI (Retired, Specially Assigned), JJ.
BELL, Chief Judge.
We granted certiorari in the case sub judice, on the petition of the State, see 353 Md. 268, 725 A.2d 1067 (1999), to determine whether the Circuit Court for Baltimore City erred in refusing to dismiss the charges against James T. Brown, Jr., the respondent, where, although the postponement that resulted in a trial date beyond the 180 day period, mandated by Maryland Rule 4-271, 1 and its statutory counterpart, Maryland Code (1957, 1996 Repl.Vol.), Art. 27, § 591, 2 was found by the administrative judge or his designee to be for good cause, sixteen months elapsed between the respondent's arraignment in the circuit court and his actual trial. In refusing to dismiss, the trial court reasoned that the administrative judge found good cause for each of the postponements, that none of those findings was an abuse of discretion and that the respondent did not establish that he was prejudiced by the delay. A contrary result was reached by the Court of Special Appeals, which reversed the judgment of the circuit court. That court held that, "under the circumstances of this case, the delay between postponement and ultimate trial date was inordinate, in violation of the requirements of Rule 4-271 and § 591." Brown v. State, 124 Md.App. 245, 247, 721 A.2d 269, 270 (1998). We shall reverse the judgment of the intermediate appellate court.
I.
In February 1996, the respondent was arrested and charged with third degree sexual offense, fourth degree sexual offense, and assault. He was arraigned in the Circuit Court for Baltimore City on June 25, 1996, at which time his initial trial date of September 25, 1996 was set. On that date, both counsel were ready to proceed, but there was no judge available to hear the case. Consequently, the administrative judge, having found good cause to do so, rescheduled the trial for December 12, 1996. Because, on that date, the judge assigned to hear the case was involved in a continuing jury trial, the trial scheduled for that date was postponed by the administrative judge, for good cause, and reset to February 18, 1997, a date beyond the 180 day limit. Trial did not proceed on February 18, however, for, once again, the judge to whom the case was assigned was involved in a continuing jury trial. Finding
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that reason sufficient good cause to postpone the trial, the administrative judge set a new trial date of March 5, 1997.
On March 5, 1997, in addition to the trial judge being involved in another trial, defense counsel was otherwise engaged. Therefore, good cause for postponement was found and the case was rescheduled for March 31, 1997, but not before the respondent had filed, and the court had denied, a motion to dismiss "criminal charges for violation of defendant's speedy trial, due process and Hicks rights." Unavailability of a courtroom and of the prosecutor due to maternity leave were the bases for the good cause finding resulting in the postponement of the March 31, 1997 trial date.
The next two trial dates, June 19, 1997, and July 11, 1997, were postponed because no judge was available to hear the case. On the next trial date, October 22, 1997, the prosecutor was informed that defense counsel was involved in another trial and, in reliance, called off its witnesses. The administrative judge found that to be good cause and, thus, postponed the trial to October 24, 1997; the respondent's trial commenced on October 28, 1997.
On none of the occasions prior to the critical postponement, the one that resulted in a trial date beyond the 180 day limit, did the respondent agree to a change in trial date under State v. Hicks, 285 Md. 310, 403 A.2d 356, on motion for reconsideration, 285 Md. 334, 403 A.2d 368 (1979). And, before the commencement of trial, the respondent renewed his motion to dismiss, again alleging that the statute and the rule, as well as his speedy trial rights had been violated. That motion having been denied, the case was presented to the jury, which returned verdicts of conviction of third degree sexual offense, fourth degree sexual offense, and common law assault. Following sentencing, the respondent noted an appeal to the Court of Special Appeals. In that court, the respondent asserted that both his speedy trial rights under the United States Constitution and his rights under Maryland Rule 4-271 and § 591 were infringed. Finding merit in the respondent's argument as to the rule and the statute, the intermediate appellate court reversed the judgment of the trial court. It declined to reach the constitutional issues the respondent had raised, however. Acknowledging our previous case law, the Court of Special Appeals characterized the issue as, "whether there was inordinate delay between the pertinent postponement and the ultimate trial date necessitating dismissal of appellant's criminal charges." Brown, 124 Md.App. at 247, 721 A.2d at 270. It held that Rule 4-271 and § 591 were violated, reasoning:
"Just as the State may not use the nol pros procedure as a vehicle to avoid the requirements of § 591 and Rule 4-271, the circuit courts may not avoid those requirements by assigning trial dates that have no practical meaning. In a case such as this, involving no extenuating circumstances whatsoever, the serial postponements of trial due to the unavailability of the court is the equivalent of the failure to assign any trial date. Thus, we will consider the length of delay between the critical postponement and the ultimate trial date. Under the particular circumstances of this case, and our holding is so limited, that delay was inordinate as a matter of law."
Id. at 257, 721 A.2d at 275. Thus, the court remanded the case to the trial court with instructions to dismiss the charges.
As indicated, the State sought certiorari, arguing essentially that "the Court of Special Appeals erred in analyzing the period of delay following the critical postponement by giving no deference to the administrative judge's good cause determinations and by otherwise treating the case as one where nothing was done following the critical postponement." Because we think it important that we clarify the application of the Hicks rule, where there is a delay in bringing the defendant to trial after the
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grant of a postponement, for good cause, resulting in a trial date beyond the 180 day limit, we granted the State's petition.
To explain why it is that we side with the State, it is necessary that we revisit Hicks and Frazier, 298 Md. 422, 470 A.2d 1269 (1984),focusing particularly on their rationales, as well as those cases decided subsequent to Frazier, in which the boundaries of the extent of delay component of the good cause requirement were explored.
II.
a.
In Hicks, this Court gave effect to the Legislative intent, embodied in § 591 and recognized by this Court when it promulgated Maryland Rule 746, the predecessor of Rule 4-271, that cases in the circuit court be disposed of promptly, by holding "that Rule 746 is mandatory and that dismissal of the criminal charges is the appropriate sanction where the State fails to bring the case to trial within the 120-day period [then applicable] prescribed by the rule and where "extraordinary cause" [the then applicable standard] justifying a trial postponement has not been established." 3 285 Md. at 318, 403 A.2d at 360. To reach that result, we analyzed the statute and the rule, concluding that every postponement of a circuit court criminal trial date was required to be granted by the administrative judge or his designee and only upon a showing of the requisite cause. See id. at 315-18, 403 A.2d at 359-60. We were clear, however, as to the purpose of § 591 and Rule 746, which we stated was to set a time limit for the trial of a criminal case. See id. at 318, 403 A.2d at 360. Accordingly, we stated that the dismissal sanction was applicable only when the case was not tried within that time limit and not postponed in accordance with § 591 and Rule 746; it was inapplicable to violations of § 591 and Rule 746 which did not prevent the case from being tried within the prescribed time period. See id. at 318, 320, 403 A.2d at 360, 362. The Hicks Court also made clear that § 591 and Rule 746 were not intended to be codifications
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of the constitutional speedy trial right but stand "on a different legal footing." 285 Md. at 320, 403 A.2d at 361-62.
On motion for reconsideration, this Court confirmed and amplified its initial decision in Hicks and, in addition, held that it would be given prospective effect. It also identified two circumstances in which the dismissal sanction would not apply for a violation of the rule:
"First, in addition to the requirement that, absent extraordinary cause, criminal cases at the circuit court level be tried within 120 days of the appointment or waiver of counsel or after the appearance of counsel under Rule 723, Rule 746 also requires that the act of setting this trial date be done within 30 days. Of course, as long as the case is tried within the 120-day deadline, the purpose of the rule and the statute upon which it is based, namely having the case tried promptly, will be accomplished, even if the setting of that trial date is not done within 30 days. In other words, the legislative purpose underlying § 591 and Rule 746 will in no way be advanced by holding that dismissal is the appropriate sanction for violation of the...
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