United States v. Morrison, K-76-0649.
Decision Date | 17 January 1977 |
Docket Number | No. K-76-0649.,K-76-0649. |
Citation | 425 F. Supp. 1235 |
Parties | UNITED STATES of America v. William John MORRISON. |
Court | U.S. District Court — District of Maryland |
Jervis S. Finney, U. S. Atty., Daniel F. Goldstein, Asst. U. S. Atty., Baltimore, Md., for U. S. A William John Morrison, pro se.
The defendant is charged with operating within the federal reservation at Fort Meade, Maryland, a motor vehicle at a speed of 25 miles per hour, in excess of the posted speed limit of 15 miles per hour and thus in violation of 18 U.S.C. §§ 7 and 13 and Md.Ann.Code art. 66½, § 11-801 (1957). The offense is punishable by a fine not to exceed $500. Md.Ann.Code art. 66½, § 17-101(b) (1976 Cum.Supp.). No penalty other than a fine may be imposed for such violation. The defendant, having been advised of his right to be represented by counsel by both this Court and one of its Magistrates, and also having been advised of his right to have counsel appointed for him without expense to him if he could not afford to retain counsel, has stated to the Magistrate and also to this Court that he can afford to retain counsel, does not desire to do so, and desires to represent himself. The defendant, having been also advised by the Magistrate and by this Court of his right to trial in this Court, has elected to have this case tried not by the Magistrate but before a Judge of this Court. The defendant has also demanded a jury trial. That demand is opposed by the Government. Questions arise as to whether the defendant is entitled to a jury trial, and if not, whether this Court possesses and should exercise the discretion to grant the defendant's jury demand in any event.
The offense in this case is a "petty offense." 18 U.S.C. § 1(3). It is not a "minor offense." 18 U.S.C. § 3401(f). See also Rule 54(c) of the Federal Rules of Criminal Procedure.
The Rules of Procedure for the Trial of Minor Offenses Before United States Magistrates (hereinafter "Magistrates Rules"), as presently in force and effect, became effective January 27, 1971. They were promulgated pursuant to the provisions of 18 U.S.C. § 3402 which provide in part:
The Supreme Court shall prescribe rules of procedure and practice for the trial of cases before magistrates and for taking and hearing of appeals to the judges of the district courts of the United States.
Rule 2 of the Magistrates Rules is entitled "Minor Offenses Other Than Petty Offenses". Rule 3 thereof is entitled "Petty Offenses". Rule 2(b) provides:
Appearance. Upon the defendant's appearance, the magistrate shall inform him of the complaint or information against him and of any affidavit filed therewith, of his right to retain counsel, of his right to request the assignment of counsel if he is unable to obtain counsel, and the general circumstances under which he may secure pretrial release. The magistrate shall also explain to the defendant that he has a right to trial before a judge of the district court and a jury and, if the prosecution is on a complaint, that he has a right to have a preliminary examination before the magistrate unless he consents to be tried before the magistrate. Emphasis added.
Rule 3(b) provides:
Prior to the revision of the Magistrates Rules in 1971, their predecessors contained different language. Thus, as noted in United States v. Bishop, 261 F.Supp. 969, 972 (N.D.Cal.1966), Magistrates Rule II, 311 U.S. 733, 734 (1940), which was adopted January 6, 1941 to become effective February 1, 1941, provided inter alia that the trial before a Commissioner "shall be conducted as are trials of criminal cases in the District Court by a District Judge in a criminal case where a jury is waived." On May 19, 1969, the Supreme Court adopted new rules relating to trials of minor offenses under 18 U.S.C. §§ 3401, 3402 by federal magistrates and to appeals therefrom. 395 U.S. 989 (1969). See Rule 1 entitled "Scope". Rule 5(c) of those 1969 Rules provided in part:
Minor offenses. If the charge against the defendant is a minor offense triable by the United States magistrate under 18 U.S.C. § 3401, the United States magistrate shall carefully explain to the defendant that he has a right to trial in the district court, and shall not proceed to call upon the defendant to plead or try the case unless the defendant, after such explanation, signs a written consent to be tried before the United States magistrate that specifically waives both a trial before the district court and any right to trial by jury that he may have. * * *
The 1969 rules remained in effect until the 1971 rules were promulgated.
There seemingly are no published committee reports or reporters' notes which comment upon the 1941, 1969, and 1971 rules. The 1971 rules were, however, adopted by the Supreme Court over the dissent of Mr. Justice Black, joined by Mr. Justice Douglas. 400 U.S. 1029, 1031 (1971).1 In his dissent Mr. Justice Black wrote (at 1031-33):
As Mr. Justice Black stated, the language of Rules 2 and 3 in their 1971 edition does indeed combine negatively to indicate strongly that as to "petty offenses" the defendant is not given the right to a jury trial.
In District of Columbia v. Colts, 282 U.S. 63, 73, 51 S.Ct. 52, 75 L.Ed. 177 (1930), the defendant was "not charged merely with the comparatively slight offense of exceeding the 22-mile limit of speed, * * * or merely with driving recklessly, * * * but with the grave offense of having driven...
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United States v. Woods, Crim. No. W-78-040.
...a fine of $500, or both, it falls within the definition of a "petty" offense as set forth in 18 U.S.C. § 1(3). In United States v. Morrison, 425 F.Supp. 1235 (D.Md. 1977), Judge Kaufman analyzed the various provisions applicable to the trial of petty offenses in the federal judicial system ......
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Gold v. Gartenstein
...6th Cir., 568 F.2d 501; U. S. v. Sanchez-Meza, 9th Cir., 547 F.2d 461; cf. U. S. v. Hamden, 9th Cir., 552 F.2d 276; U. S. v. Morrison, D.C., 425 F.Supp. 1235; Raines v. Alabama, 5th Cir., 552 F.2d 660; Matter of Felder, 93 Misc.2d 369, 402 N.Y.S.2d 528, and Mr. Justices Brennan, Marshall an......