Davis v. State

361 A.2d 113, 278 Md. 103, 1976 Md. LEXIS 613
CourtCourt of Appeals of Maryland
DecidedJuly 7, 1976
Docket[No. 114, September Term, 1975.]
StatusPublished
Cited by62 cases

This text of 361 A.2d 113 (Davis v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State, 361 A.2d 113, 278 Md. 103, 1976 Md. LEXIS 613 (Md. 1976).

Opinions

[104]*104Digges, J.,

delivered the opinion of the Court. Murphy, C. J., and Eldridge, J., concur in the judgment and Murphy, C. J., filed a concurring opinion in which Eldridge, J., concurs at page 119 infra.

Generally speaking, this case involves the question of what information the due process clause of the Fourteenth Amendment of the United States Constitution requires state trial courts to obtain from defendants who plead guilty to criminal charges in order to ensure that the record reflects that they do so voluntarily and intelligently. More precisely, we are faced here with the issue of whether that provision of the Constitution, with special reference to its interpretation in Boykin v. Alabama, 395 U. S. 238, 242-44, 89 S. Ct. 1709, 1711-12, 23 L.Ed.2d 274 (1969), obliges state trial judges, on the record, to both specifically inform such defendants of their privilege against compulsory self-incrimination and obtain from them a proper waiver of this right before accepting a guilty plea. Because we think no individual reference to or waiver of that right is required, and because we think the record in this case establishes that the confession of guilt made by the petitioner, Lloyd Franklin Davis, Jr., was entered voluntarily and intelligently, we shall affirm his conviction.

The factual background of this case merits only brief recitation as it is undisputed and relatively simple. After being charged with nine counts of burglary, pleading not guilty and requesting a jury trial, the petitioner was scheduled to be tried in the Circuit Court for Allegany County (Naughton, J.) on April 22, 1974. On that day, following plea negotiations, counsel for Davis informed the court that the petitioner wished to enter pleas of guilty to three of the counts; whereupon the State’s Attorney replied that if the pleas were accepted by the court the prosecution would stet the remaining six counts. Judge Naughton then engaged in the following colloquy with Davis:

“BY THE COURT: Stand please, Mr. Davis. Mr. Davis, in order to make certain that you are entering your pleas of guilty to these three [105]*105counts willingly, freely, knowingly and with some degree of intelligence, it is necessary that I ask you a few questions and determine that fact.
Now would you please state your full name?
MR. DAVIS: Lloyd Franklin Davis, Jr.
BY THE COURT: Are you able to hear my questions?
MR. DAVIS: Yes sir.
BY THE COURT: And are you now under the influence of any alcohol, drugs, narcotics or pills of any kind?
MR. DAVIS: No sir.
BY THE COURT: Are you represented by an attorney in this case, and if so is he present with you at this time?
MR. DAVIS: Yes sir.
BY THE COURT: And what is his name?
MR. DAVIS: Mr. Robb.
BY THE COURT: Now have you been furnished with a copy of the information filed in this case?
MR. DAVIS: Yes sir.
BY THE COURT: And have you read the information and discussed it with your attorney?
MR. DAVIS: Yes sir.
BY THE COURT: Do you fully understand the three charges to which you have entered pleas of guilty?
MR. DAVIS: Yes sir.
BY THE COURT: Now the charges that you’ve entered pleas of guilty to are burglary, three counts of burglary, each being a felony for which this Court could give you twenty years [106]*106in prison on each charge, or a total of sixty years. Do you understand that, Mr. Davis?
MR. DAVIS: Yes sir.
BY THE COURT: Now has anyone promised you that I would go easy on you if you entered pleas of guilty?
MR. DAVIS: No sir.
BY THE COURT: Any promises or threats been made to induce you to plead guilty?
MR. DAVIS: No sir.
BY THE COURT: You understand that if you plead not guilty that at the trial the State would have to produce witnesses against you in open court, and that you would have the right through your attorney to cross-examine all of them?
MR. DAVIS: Yes sir.
BY THE COURT: Do you also understand if you plead not guilty you would not have to take the witness stand in your own defense unless you desired to do .so, and if you did not take the stand the prosecuting attorney may not comment or make reference to your failure to testify?
MR. DAVIS: Yes sir.
BY THE COURT: Do you understand that? Do you also understand that if you plead not guilty that you have the right to trial by a Jury or by the Court without a Jury, the choice would be yours? At the trial you would be presumed innocent until proved guilty beyond a reasonable doubt.
MR. DAVIS: Yes sir.
BY THE COURT: Now I have recited to you certain constitutional rights which you have as a defendant in a criminal case. Do you understand that by pleading guilty you are in fact waiving these rights?
MR. DAVIS: Yes sir/’ (Emphasis added.)

[107]*107Having by this inquiry ascertained to his satisfaction that the petitioner was acting voluntarily and intelligently, Judge Naughton accepted the defendant’s guilty plea; subsequently, the court sentenced Davis to prison for three consecutive five-year terms. On appeal these convictions were affirmed by a divided panel of the Court of Special Appeals. Davis v. State, 28 Md. App. 50, 343 A. 2d 550 (1975). We granted certiorari.

Davis asserts — relying on Boykin v. Alabama, supra, and four decisions of the Court of Special Appeals which interpret that case to hold that the due process clause of the Fourteenth Amendment requires state trial judges to specifically inform defendants of the essential elements of their privilege against compulsory self-incrimination before accepting their guilty pleas — that the information imparted to him “was patently inadequate” to fulfill this requirement. See English v. State, 16 Md. App. 439, 298 A. 2d 464, cert. granted, 268 Md. 748 (1973), cert. dismissed as improvidently granted, July 3, 1973; Williams v. State, 10 Md. App. 570, 271 A. 2d 777 (1970), cert. denied, 261 Md. 730 (1971); McCall v. State, 9 Md. App. 191, 263 A. 2d 19, cert. denied, 258 Md. 729 (1970); Silverberg v. Warden, 7 Md. App. 657, 256 A. 2d 821 (1969).

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

Related

Reinstatement of Cooke
42 A.3d 610 (Court of Appeals of Maryland, 2012)
State v. Daughtry
18 A.3d 60 (Court of Appeals of Maryland, 2011)
Gross v. State
973 A.2d 895 (Court of Special Appeals of Maryland, 2009)
Holmes v. State
932 A.2d 698 (Court of Appeals of Maryland, 2007)
Abrams v. State
933 A.2d 887 (Court of Special Appeals of Maryland, 2007)
Kang v. State
899 A.2d 843 (Court of Appeals of Maryland, 2006)
Abeokuto v. State
893 A.2d 1018 (Court of Appeals of Maryland, 2006)
State v. Gutierrez
837 A.2d 238 (Court of Special Appeals of Maryland, 2003)
Smith v. State
825 A.2d 1055 (Court of Appeals of Maryland, 2003)
State v. Hicks
773 A.2d 1056 (Court of Special Appeals of Maryland, 2001)
Metheny v. State
755 A.2d 1088 (Court of Appeals of Maryland, 2000)
Martin v. State
535 A.2d 951 (Court of Special Appeals of Maryland, 1988)
State v. Davis
530 A.2d 1223 (Court of Appeals of Maryland, 1987)
Robinson v. State
508 A.2d 159 (Court of Special Appeals of Maryland, 1986)
Bell v. State
503 A.2d 1351 (Court of Special Appeals of Maryland, 1986)
In Re James B.
458 A.2d 847 (Court of Special Appeals of Maryland, 1983)
Howlett v. State
456 A.2d 375 (Court of Appeals of Maryland, 1983)
Harris v. State
455 A.2d 979 (Court of Appeals of Maryland, 1983)
Maxey v. State
626 S.W.2d 180 (Court of Appeals of Texas, 1982)
State v. Magwood
432 A.2d 446 (Court of Appeals of Maryland, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
361 A.2d 113, 278 Md. 103, 1976 Md. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-md-1976.