Griffin v. State
Decision Date | 04 May 2015 |
Docket Number | No. 2518,2518 |
Parties | MICHAEL GRIFFIN v. STATE OF MARYLAND |
Court | Court of Special Appeals of Maryland |
UNREPORTED
Krauser, C.J., Zarnoch, Salmon, James P. (Retired, Specially Assigned), JJ.
Opinion by Salmon, J.
*This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
A jury in the Circuit Court for Baltimore City, Maryland convicted appellant, Michael Griffin, of five counts of sexual child abuse. After appellant was sentenced to five consecutive terms of twenty years, he timely appealed, presenting two questions:
We agree with appellant's contention that the trial court failed to comply with the requirements of Rule 4-215(e) and that reversal on that ground is required. We conclude, however, that the trial judge did not err in denying appellant's motion to dismiss on speedy trial grounds. This case will therefore be remanded to the Circuit Court for Baltimore City for a new trial.
Because appellant does not challenge the sufficiency of the State's evidence, we shall not discuss in detail the underlying facts proven by the State at trial. See Cure v. State, 195 Md. App. 557, 561 (2010) (, )aff'd, on other grounds, 421 Md. 300 (2011); see also Teixeira v. State, 213 Md. App. 664, 666 (2013) () (citations and internal quotation marks omitted).
Appellant was charged in this case with sexually abusing Iesha H., the daughter of his former live-in girlfriend, Judith H. The State proved that the abuse began when Iesha was 13 and continued until she was 17-years-old. The sexual acts between appellant and Iesha included acts of vaginal intercourse, resulting in two pregnancies that resulted in abortions. According to Iesha, appellant was responsible for these pregnancies because she was not having sexual relations with anyone else during the relevant time periods. In addition to Iesha's testimony, the jury heard a tape-recorded statement of a conversation between appellant and Judith H. In that conversation, appellant said "I didn't want to do anything to Iesha," but "the opportunity just overwhelmed me, and I took advantage of it, and I shouldn't have." In the taped conversation, appellant also asked Ms. H. to forgive him.
Maryland Rule 4-215(e) provides:
If a defendant requests permission to discharge an attorney whose appearance has been entered, the court shall permit the defendant to explain the reasons for the request. If the court finds that there is a meritorious reason for the defendant's request, the court shall permit the discharge of counsel; continue the action if necessary; and advise the defendant that if new counsel does not enter an appearance by the next scheduled trial date, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds no meritorious reason for the defendant's request, the court may not permit the discharge of counsel without first informing the defendant that the trial will proceed as scheduled with the defendant unrepresented by counsel if the defendant discharges counsel and does not have new counsel. If the courtpermits the defendant to discharge counsel, it shall comply with subsections (a) (1)-(4) of this Rule if the docket or file does not reflect prior compliance.
Appellant contends that he expressed dissatisfaction with his attorney, from which the court should have reasonably concluded was an indication that he wanted to discharge his counsel, and therefore the court erred in not conducting the inquiry mandated by Maryland Rule 4-215(e). The State argues that, because appellant did not expressly state that he wanted to discharge counsel, the requirements of Rule 4-215(e) were never triggered.
In the case sub judice, the indictment was filed on February 1, 2011, and Robert Ness, an Assistant Public Defender, entered his appearance for appellant on March 2, 2011. Because Ness was ill, other attorneys from the Public Defender's Office appeared on appellant's behalf at hearings on May 6, 2011, July 18, 2011, and January 25, 2012.
On March 23, 2012, a new attorney from the Public Defender's Office advised the court that Ness was no longer with the public defender's office, and that she needed a postponement because she had just been assigned the case. Good cause was found, and the case was postponed until May 15, 2012. Additional postponements were granted on May 15, 2012, July 16, 2012, and September 11, 2012.
At a November 9, 2012 hearing, which was one week before the date set for trial, appellant expressed his dissatisfaction with his new defense counsel's representation in the following exchange he had with the court and his counsel:
(Emphasis added).
The next hearing concerning this case occurred on Friday, November 16, 2012. At that time, appellant rejected a plea offer and, because no courtroom was available, trial waspostponed until January 29, 2013. On January 11, 2013, appellant filed, pro se, a pleading entitled "Motion to Dismiss Due Process and Ineffective Assistance of Counsel" (hereafter "the motion to dismiss"). The dismissal motion states, in relevant part, the following:
To continue reading
Request your trial