Reed v. State
| Decision Date | 06 March 1989 |
| Docket Number | No. 921,S,921 |
| Parties | Gordon REED v. STATE of Maryland. ept. Term 1988. |
| Court | Court of Special Appeals of Maryland |
Jillyn K. Schulze, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. and Stuart O. Simms, State's Atty. for Baltimore City on the brief), Baltimore, for appellee.
Submitted before BISHOP, ROSALYN B. BELL and WENNER, JJ.
The question presented in this appeal is whether the Circuit Court for Baltimore City erred in denying the appellant's motion to dismiss the charges against him on the ground that he was denied his statutory and/or constitutional rights to a speedy trial.
December 31, 1986: The appellant is arrested and charged with two separate counts of battery.
January 30, 1987: The appellant appears for trial in the District Court. The trial is postponed at the request of the State because a complaining witness is ill.
March 9, 1987: The appellant appears again in the District Court and requests a jury trial.
March 26, 1987: The appellant is arraigned in circuit court. He enters a plea of not guilty and requests a jury trial.
June 25, 1987: The appellant appears before Judge Hilary Caplan and requests a severance of the two charges; he requests that one charge be tried by a jury and that the other be tried by the court. The following occurs:
So, I'm denying your motion to sever unless there is something additional that you come up with that gives the court that hears this case the opportunity to do that.
In any event, the court is unable to hear this case today because of the schedule that it has. I have to postpone. Is there a Hicks problem in the case?
MR. GASKINS [Prosecutor]: Hicks date, I believe, is September 24, '87.
THE COURT: Well, I want you to get together within the next six weeks so there is ample opportunity to summon witnesses, so you both can try the case as quickly as possible.
The Postponement Form shows "No court available" as the reason for postponement.
August 21, 1987: The appellant appears before Judge Mary Arabian and renews his request for separate court and jury trials on the two charges. The following occurs:
THE COURT: They are both going to have to be postponed because Ms. Holland [Prosecutor] is in another jury trial. You can't have any of it today.
MR. WEINER [Defense Counsel]: Is that saying that the motions are granted or is the Court denying such at this time?
period or a seven week period and now each time it comes back it's just impossible for me to have my day in court.
The Postponement Form shows "No court available" as the reason for postponement.
September 22, 1987: The 180th day after arraignment.
October 29, 1987: The case is postponed by Judge Arrie Davis. Although there is no transcript of proceedings on that date in the record, the Postponement Form shows "No courtroom available" as the reason for postponement. That form also shows that the prosecutor agrees and defense counsel disagrees with the request. "Good cause shown for postponement" is checked.
November 25, 1987: The appellant files a pro se Motion for Speedy Trial. Defense counsel files a Motion to Dismiss on the ground that the appellant has been denied his statutory and constitutional rights to a speedy trial.
December 22, 1987: The appellant appears before Judge Robert Hammerman, pleads not guilty, and elects a jury trial. The following occurs:
Clerk of the Court, as well as to the State's Attorney and I haven't had any remedy at all.
The Postponement Form, however, shows "No court available" as the reason for postponement.
January 26, 1988: The appellant appears before Judge John Themelis. Counsel present argument on the Motion to Dismiss. The case is continued.
February 10, 1988: The appellant appears before Judge Themelis. Argument on the Motion to Dismiss continues. The State presents documentary evidence and testimony of the Deputy Criminal Assignment Commissioner to show that:
1. All judges assigned to misdemeanor courts were designated by the administrative judge to grant postponements pursuant to Md.Rule 4-271.
2. After each postponement in the instant case, the next available trial date was assigned.
3. The use of the "move list" [see State v. Frazier, 298 Md. 422, 470 A.2d 1269 (1984) ] for misdemeanor cases had been discontinued.
4. The influx of misdemeanor cases was such that they could not be tried more expeditiously by the limited judicial resources.
Following further argument, the court denies the Motion to Dismiss. After an off-the-record discussion, the...
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