Argabright v. State

541 A.2d 1017, 75 Md. App. 442, 1988 Md. App. LEXIS 127
CourtCourt of Special Appeals of Maryland
DecidedJune 7, 1988
Docket1396, September Term, 1987
StatusPublished
Cited by10 cases

This text of 541 A.2d 1017 (Argabright v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Argabright v. State, 541 A.2d 1017, 75 Md. App. 442, 1988 Md. App. LEXIS 127 (Md. Ct. App. 1988).

Opinions

ROBERT M. BELL, Judge.

Joseph Edward Argabright, appellant, was convicted of theft, pursuant to a guilty plea entered on September 5, 1985, and sentenced to one year imprisonment, which was suspended in favor of three years’ probation.1 He was subsequently found to have violated several conditions of that probation. His appeal from the latter judgment questions the propriety of his having been tried unrepresented by counsel. He asks:

1. Was appellant tried in violation of his constitutional right to counsel and in violation of Md.Rule 4-215?
2. Did the trial court err in refusing to determine appellant’s eligibility for court appointed counsel and ultimately in refusing to appoint counsel?
3. Did the trial court err in refusing to allow appellant’s witnesses to testify regarding their observation of appellant relevant to his criminal responsibility and in failing to make a determination that appellant was or was not criminally responsible?

When appellant appeared for trial on the violation of probation charge, he was represented by an assistant Public Defender. Prior to that appearance, counsel had filed, on appellant’s behalf, a written plea of not criminally respon[446]*446sible as well as a petition for a mental examination. Pursuant to the latter, appellant had been examined and found to be criminally responsible and competent to stand trial.

On the day of trial, citing a conflict over the summonsing of a witness, appellant requested permission to discharge his attorney. After the attorney informed the court that “if [counsel is] discharged so will the Public Defender’s Office ... that will make Mr. Argabright, of course, fly on his own,” the following colloquy occurred:

THE COURT: Well, I still don’t know what you mean by go on your own. Are you ... in relation to Mr. Miller. What do you mean by that?
MR. ARGABRIGHT: To discharge Mr. Miller and to pursue the proceedings myself and to ask for a continuation today so that I may have the witness called that I wished and the records subpoenaed that I asked for. THE COURT: You want to discharge Mr. Miller?
MR. ARGABRIGHT: Yes sir.
THE COURT: And as I understand it Miss Robertson [of the Howard County Public Defender’s Office] from what I’ve been informed, is not going to assign you another Public Defender, is that correct?
MR. ARGABRIGHT: From ...
THE COURT: That’s entirely up to her. It’s not my decision, that’s her decision.
MR. ARGABRIGHT: Yes sir, I understand that. I got a letter back from you also about that just recently. You’ve sent me a letter stating that ... I had asked you if you could intervene in the situation because of the situation between me and Mr. Miller and you had sent a letter back stating that Mr. Miller was the Public Defender’s Office and that you had nothing to do with appointing or ...
THE COURT: That’s correct.
MR. ARGABRIGHT: ... discharging an attorney. So
[447]*447THE COURT: You want to represent yourself, is that correct?
MR. ARGABRIGHT: I don’t want to represent myself, but if I can’t have another attorney appointed I guess that’s what I’ll have to do.
THE COURT: Well, I don’t have any control over that. You either have to take the attorney assigned by the Public Defender or not. If you’re not satisfied with Mr. Miller you can ask Miss Robertson to assign you another one, but that’s entirely up to her.
MR. ARGABRIGHT: I’d make that request then, I guess, on record and I’ll also follow up with a letter if this is continued.
THE COURT: You might make the request, but you’re making your request to the wrong individual.
MR. ARGABRIGHT: Yes sir, I understand that.
THE COURT: I have no control over it.
MR. ARGABRIGHT: I’m saying that I’m just stating that I would request ... that I’m stating here that I’ll follow it up with a letter to Miss Robertson if I can get the address and the name that I need to send it to if a continuance is granted.
THE COURT: Pass that by me again. I was reading something else, sir.
MR. ARGABRIGHT: I will take and send a letter to Miss Robertson asking that another Public Defender be appointed if this is continued. If not then I will have to proceed on my own I guess, but I would hope that the Court ...
******
THE COURT: Alright, I just ... just want to let you know I don’t want to know anything about the particular case. Who is ... may I ask who Brenda Stacy is?
MR. ARGABRIGHT: Yes sir she was my spouse for ten years. Not legally married, common-law.
THE COURT: And as I understand it ... what you are asking is that you’re going to write to Miss Robertson [448]*448and ask for another attorney and if she turns you down then you have to go on your own, is that correct?
MR. ARGABRIGHT: Yes sir, and at this time I’d like to state here if ...
THE COURT: But you want ... want an attorney, is that ...
MR. ARGABRIGHT: Yes sir, I’d like to have an attorney.
THE COURT: Well, I guess you have to ask Miss Robertson first.
MR. ARGABRIGHT: Yes sir.
******
MR. ARGABRIGHT: At this particular point and time, yes sir. We’ve had different agreements on how to proceed with the matter throughout the entire past fourteen months I believe as to we should go to Baltimore County first before we go to Howard County to get its disposition and then when the papers ...
THE COURT: Well, they’re ... they’re all trial strategies. That’s ... well, I’ll give you the opportunity to subpoena your witness. I can’t prohibit you from that. If your attorney refused to and you wanted the witness subpoenaed, I suppose I either have to postpone it or it will just be appealed and you have a post conviction and in either event it would be sent back. Let the record show that Mr. Argabright discharges Mr. Miller, the attorney assigned by the Public Defender’s Office.
******
THE COURT: Now as I understand, if Miss Robertson doesn’t supply another attorney with you, you come back you’re not going to have an attorney, you understand that.
MR. ARGABRIGHT: Yes sir.
THE COURT: I think this case has been here at least two times.
MR. ARGABRIGHT: It’s been several times, Your Hon- or. It’s been since May of 1986.
[449]*449MR.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dykes v. State
121 A.3d 113 (Court of Appeals of Maryland, 2015)
Webb v. State
800 A.2d 42 (Court of Special Appeals of Maryland, 2002)
Grandison v. State
670 A.2d 398 (Court of Appeals of Maryland, 1995)
Davis v. State
641 A.2d 941 (Court of Special Appeals of Maryland, 1994)
Dopkowski v. State
590 A.2d 173 (Court of Special Appeals of Maryland, 1991)
Evans v. State
581 A.2d 435 (Court of Special Appeals of Maryland, 1990)
Gantt v. State
569 A.2d 220 (Court of Special Appeals of Maryland, 1990)
Williams v. State
551 A.2d 905 (Court of Special Appeals of Maryland, 1989)
Argabright v. State
541 A.2d 1017 (Court of Special Appeals of Maryland, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
541 A.2d 1017, 75 Md. App. 442, 1988 Md. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/argabright-v-state-mdctspecapp-1988.