Dortch v. State
Decision Date | 01 May 1981 |
Docket Number | Nos. 98,99,s. 98 |
Citation | 290 Md. 229,428 A.2d 1220 |
Parties | Terry Eugene DORTCH v. STATE of Maryland. Howard Joseph COHEN v. STATE of Maryland. |
Court | Maryland Court of Appeals |
Michael R. Braudes, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellants.
Stephen Rosenbaum, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen. and Ray E. Stokes, Asst. Atty. Gen., on the brief), for appellee.
Argued before MURPHY, C. J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.
The sole issue in these consolidated criminal appeals is whether, for an election of a court trial to be "voluntary" within the contemplation of Maryland Rule 735, the trial judge must make a specific inquiry of the accused on the record to determine if his decision to waive trial by jury was improperly induced by promises or by physical or mental coercion.
Maryland Rule 735 a requires that the defendant in a criminal case, prior to trial, elect in writing whether to be tried by a jury or by the court. The form and content of the written election is set forth in Rule 735 b as follows:
Rule 735 d entitled "When Court Trial Elected," provides:
Rule 735 was interpreted in Countess v. State, 286 Md. 444, 408 A.2d 1302 (1979), a case involving a number of defendants who had elected court rather than jury trials. The narrow issue there presented was whether the elections complied with the "prescriptions" of the rule. The Court observed that whether or not a defendant actually made an election in writing, as required by Rule 735 b, there must still be compliance with the provisions of § 735 d where a court trial is ultimately elected. We said that the requirement of Rule 735 d that the defendant must " 'knowingly and voluntarily' " waive the right to a jury trial "goes no further than the mandates for a waiver of that right under the constitutions." Id. at 455, 408 A.2d 1302. We said that if the waiver is determined by the trial court to have been an intentional relinquishment or abandonment of the known right to a jury trial, it meets the test of Rule 735 d. In passing on that question, we held that Rule 735 d requires that the defendant have " 'full knowledge of his right to a jury trial.' " Compliance with this essential, we noted, contemplates "that the defendant have a basic understanding of the nature of a jury trial." Id. at 455, 408 A.2d 1302. We observed that this understanding is generally satisfied
We concluded in Countess that if the trial judge duly determines that the accused understands these aspects of a jury trial, he has sufficient knowledge of his right to a jury trial to satisfy the requirements of the rule.
Terry Dortch was charged with storehouse breaking and related offenses. Pursuant to Rule 735 b, he filed a written election to be tried by the court rather than by jury. The written election was witnessed by Dortch's trial counsel and specified that it was made "knowingly and voluntarily."
Prior to trial, the court questioned Dortch on the record as required by Rule 735 d to determine whether his jury trial waiver was knowing and voluntary. After advising Dortch of his right to a jury trial, the court told him, as required by the rule and by Countess, that a jury was comprised of twelve persons who, in order to convict, must all agree as to his guilt beyond a reasonable doubt. In response to the court's questions, Dortch acknowledged that his counsel had advised him "all about" a jury trial when he signed the election for a court trial. Dortch said that he wanted to waive his right to a jury trial and wanted the court to hear the case without a jury. The trial judge did not inquire as to whether Dortch's decision to waive his right to trial by jury was a product of threats, promises or inducements.
Dortch was convicted of storehouse breaking and appealed to the Court of Special Appeals, claiming that the failure of the trial judge to inquire on the record as to whether he voluntarily waived his right to a jury trial constituted reversible error under Rule 735 d. The court in an reported opinion found no merit in Dortch's contention. After reviewing the colloquy between the trial judge and Dortch at the commencement of the trial, the intermediate appellate court concluded that, considering the record as a whole, Dortch had been fully advised of the nature of a jury trial and voluntarily waived his right thereto. We granted certiorari.
Charged with various sexual offenses, Cohen did not make a written election as to the mode of trial, as required by Rule 735 b. At the time of Cohen's trial, his counsel told the court that he had advised Cohen of his right to have a jury or a court trial. The court then initiated a dialogue with Cohen concerning his age and education and whether he understood "what a jury trial is." In response, Cohen told the court that a jury consisted of twelve of his peers. After the court had fully advised Cohen, in the language of Countess, as to the nature of a jury trial, Cohen said he did not want a jury but wanted to be tried by the court. On three separate occasions, Cohen told the trial judge that he did not want a jury trial. The trial judge said he was "convinced" that Cohen knew what a jury trial was and that "he voluntarily and intelligently made a waiver thereof." The court did not specifically inquire of Cohen as to whether his decision to waive a jury trial was the result of any threats or promises which were made to him.
Cohen was convicted and appealed, claiming that his waiver of a jury trial was not voluntary. The Court of Special...
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Boulden v. State, No. 49, September Term, 2009 (Md. App. 5/14/2010)
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