State v. Brown

Citation342 Md. 404,676 A.2d 513
Decision Date01 September 1995
Docket NumberNo. 65,65
PartiesSTATE of Maryland v. Shawn L. BROWN. ,
CourtCourt of Appeals of Maryland

M. Jennifer Landis, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for Petitioner.

Claudia A. Cortese, Asst. Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

RAKER, Judge.

In this case, we are asked to determine whether Maryland Rule 4-215, which outlines the procedures a trial court must follow when a defendant elects to discharge counsel, applies to decisions to dismiss counsel made after the trial has begun. We shall hold that the Rule does not apply after trial proceedings have commenced.

I.

On October 26, 1993, two undercover police officers purchased $20 worth of crack cocaine from a person they later identified as Respondent, Shawn L. Brown. The transaction was videotaped. On November 12, 1993, the officers purchased another $20 worth of crack cocaine from Brown. Following the second sale, Brown was arrested. He was indicted in the Circuit Court for Wicomico County on two counts of distribution of a controlled dangerous substance in violation of Maryland Code (1957, 1992 Repl.Vol., 1995 Cum.Supp.) Article 27, § 286, and two counts of possession of a controlled dangerous substance in violation of Maryland Code (1957, 1992 Repl.Vol., 1995 Supp.) Article 27, § 287.

Brown waived his right to a jury and was tried before the court on April 13, 1994. At the beginning of the proceedings, Respondent's counsel requested a continuance, and advised the court that because he had only been engaged four days before trial, he had insufficient time to prepare. The State objected to the continuance, arguing that only a few days earlier, Respondent's counsel had indicated he would be ready to go to trial as scheduled. The judge denied the continuance. 1

The State called its first witness, but before questioning began, Respondent interrupted to request a jury trial. The court denied the request because Respondent had previously waived his right to jury trial. The State then proceeded to examine the witness.

Before the State completed the direct examination of the first witness, Respondent's counsel indicated that his client wished to discharge him. The judge inquired about the reason for the dismissal, and Respondent's counsel suggested that the decision was based on his client's father's advice. Respondent did not comment, but his father interjected that counsel was unfamiliar with the case. The judge did not permit Respondent to discharge his counsel. See infra Section V.

The State presented evidence including testimony from the two officers involved in the transaction, the videotape of the transaction, and the crack cocaine. The defense argued mistaken identity, pointing to the fact that the person in the police videotape was clean-shaven, while Respondent had a full beard. Respondent testified that he had grown the beard before the first drug sale.

Respondent was convicted on all four counts. At sentencing, Respondent was represented by the same counsel as at trial. Respondent was sentenced to two consecutive terms of ten-year incarceration for the drug distribution charges. The possession convictions were merged for purposes of sentencing.

Respondent noted a timely appeal to the Court of Special Appeals. The intermediate appellate court reversed the judgment of the trial court, holding that the trial judge failed to apply the procedures mandated by Rule 4-215(e) to determine whether Respondent should be allowed to discharge his counsel. Brown v. State, 103 Md.App. 740, 654 A.2d 944 (1995). We granted the State's petition for certiorari to answer two questions:

Did the Court of Special Appeals err in holding:

(1) that Maryland Rule 4-215 is applicable once trial has commenced; and

(2) that the trial court did not properly comply with subsection (e) of the Rule in this case?

II.

The State contends that Rule 4-215 does not apply once trial begins. The State argues that Rule 4-215(e) applies only to efforts to discharge counsel made prior to trial or at the beginning of the trial. Respondent did not indicate a desire to discharge his counsel until the State had commenced its case-in-chief. Therefore, the State argues that Rule 4-215(e) did not apply. Alternatively, the State argues that even if Rule 4-215(e) applied, the trial court's inquiry sufficed to meet the requirements of the Rule.

Respondent contends that Rule 4-215(e) applies to all decisions to discharge counsel, regardless of when they are made. Therefore, Respondent argues, the trial court was required to satisfy the procedural requirements of 4-215(e). In the alternative, Respondent maintains that even if the formal requirements of Rule 4-215(e) did not apply, the trial court abused its discretion by failing to identify and consider the reason Respondent wished to discharge his counsel before deciding not to allow the dismissal.

III.

In this case, we must consider the interplay between two constitutional rights and the procedural rule that is designed to implement those rights. Maryland Rule 4-215 is designed to protect both the right to assistance of counsel and the right to pro se defense provided by the Sixth Amendment. 2 Leonard v. State, 302 Md. 111, 121-22, 486 A.2d 163, 168 (1985). As we shall explain infra, once meaningful trial proceedings have begun, the right to substitute counsel and the right to defend pro se are curtailed to prevent undue interference with the administration of justice. Fowlkes v. State, 311 Md. 586, 605-06, 536 A.2d 1149, 1159 (1988). Thus, once trial begins, exercise of these rights is subject to the trial court's discretion. Rule 4-215 is designed to ensure that courts comply with constitutional requirements in advising defendants of the Sixth Amendment right to counsel. The Rule is not intended to deprive the courts of discretion regarding motions to discharge counsel after trial has commenced. We therefore conclude that the Rule is inapposite once trial is underway. We explain.

A. Constitutional Implications of Defendant's Dismissal of Counsel

A defendant's request to dismiss appointed counsel implicates two rights that are fundamental to our system of criminal justice: the defendant's right to counsel, and the defendant's right to self-representation. See Moten v. State, 339 Md. 407, 663 A.2d 593 (1995); Parren v. State, 309 Md. 260, 523 A.2d 597 (1987); Snead v. State, 286 Md. 122, 406 A.2d 98 (1979). See also McKaskle v. Wiggins, 465 U.S. 168, 104 S.Ct. 944, 79 L.Ed.2d 122 (1984); Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). When a defendant indicates a desire to dismiss counsel, the defendant must request permission to obtain substitute counsel or to proceed pro se. The trial court's subsequent procedures depend on whether the defendant requests substitute counsel or self-representation. ("[I]t is the relief requested (self-representation) and not the reasons underlying the motion (dissatisfaction with counsel) which governs the trial court's responsibilities when considering such motions.").

If the defendant requests dismissal of counsel in order to obtain substitute counsel, the court must afford the defendant an opportunity to explain the reasons for the proposed dismissal. See United States v. Allen, 789 F.2d 90, 92 (1st Cir.1986), cert. denied, 479 U.S. 846, 107 S.Ct. 164, 93 L.Ed.2d 103 (1986); United States v. Welty, 674 F.2d 185, 190 (3d Cir.1982). While an indigent defendant is entitled to appointed counsel, the defendant is not entitled to choose a specific attorney. See Fowlkes, 311 Md. at 605-06, 536 A.2d at 1159; cf. Grandison v. State, 341 Md. 175, 199-204, 670 A.2d 398, 410-11 (1995). Instead, the defendant is entitled to the effective assistance of counsel, and may only obtain substitute counsel for "good cause." 3 See Fowlkes, 311 Md. at 605-06, 536 A.2d at 1159. See also United States v. Gallop, 838 F.2d 105, 108 (4th Cir.1988), cert. denied, 487 U.S. 1211, 108 S.Ct. 2858, 101 L.Ed.2d 895 (1988); Allen, 789 F.2d at 92.

If the defendant requests dismissal of counsel in order to proceed pro se, and if the proposal to discharge counsel is timely and unequivocal, the court must ordinarily grant the request. Faretta, 422 U.S. at 833-34, 95 S.Ct. at 2540-41. By choosing self-representation, the defendant forgoes the right to counsel. Therefore, the court must conduct a waiver inquiry to ensure that any decision to waive the right to counsel is "made with eyes open." Id. at 835, 95 S.Ct. at 2541 (quoting Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1943)). The Sixth Amendment requires that the defendant's waiver of the right to counsel must be "knowing and intelligent." Johnson v. Zerbst, 304 U.S. 458, 464-65, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938). See also 1 AMERICAN BAR ASS'N, ABA STANDARDS ON CRIMINAL JUSTICE 6-38 to 6-41 (2d ed. 1986) (Special Functions of the Trial Judge Standard 6-3.6, Defendant's Election to Represent Himself or Herself at Trial). Although courts have recognized several exceptions to the Faretta rule, these exceptions have been narrowly construed to effectuate the defendant's right to self-representation. Cf. Leonard, 302 Md. at 127, 486 A.2d at 171. Absent a recognized exception, refusal to grant a timely, unequivocal request for self-representation is reversible error. See Snead, 286 Md. at 130, 406 A.2d at 102. See also McKaskle, 465 U.S. at 177 n. 8, 104 S.Ct. at 950 n. 8; People v. Davis, 49 N.Y.2d 114, 424 N.Y.S.2d 372, 375-76, 400 N.E.2d 313, 317 (1979).

B. Limitation of the Right to Dismiss Counsel After Trial Begins

While we have recognized the importance of the right to dismiss counsel, we have...

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