Holmes v. State

507 A.2d 197, 67 Md. App. 244, 1986 Md. App. LEXIS 302
CourtCourt of Special Appeals of Maryland
DecidedApril 8, 1986
DocketNo. 964
StatusPublished
Cited by2 cases

This text of 507 A.2d 197 (Holmes 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
Holmes v. State, 507 A.2d 197, 67 Md. App. 244, 1986 Md. App. LEXIS 302 (Md. Ct. App. 1986).

Opinion

MOYLAN, Judge.

The appellant, Richard Maurice Holmes, was convicted by an Anne Arundel County jury of robbery with a deadly weapon and related offenses. Upon this appeal, he raises three contentions:

1) That the trial court erroneously placed upon him the burden of going forward with evidence at the hearing to suppress a challenged confession;
2) That the trial court erroneously admitted irrelevant, immaterial, and prejudicial matters into evidence; and
3) That the trial court erroneously denied his motion for a new trial.

We agree with the appellant as to his first contention. The appellant challenged the admissibility of several inculpatory statements which the State was preparing to offer against him. At the suppression hearing, the question arose as to whether the appellant or the State had the burden of going forward with evidence. Although the trial judge’s ruling speaks for itself, the reasoning behind that ruling can be more fully understood from the entire colloquy among defense counsel, prosecuting attorney, and judge:

[247]*247“Mr. Friedman: Your Honor, in regard to the statement, I know the Court’s previous position on these matters had been that the defense bears the burden of proof in all suppression motions. I would suggest to the Court that, in connection with this statement, this is a statement in which there is no written version of the statement nor any, to my knowledge, written acknowledgement of rights and waiver of rights by the Defendant.
Under those circumstances, particularly, and I believe in general in fact in connection with statements, that the State bears the burden of proof to show that the statement was voluntary. I’d cite to the Court, Lego v. Twomey, at 404 U.S. 477 [92 S.Ct. 619, 30 L.Ed.2d 618 (1972) ], and Gill v. State, at 265 Md. 350 [289 A.2d 575 (1972) ].
Court: Wait a minute, you go too fast for me. Gill v. State, what’s the cite?
Mr. Friedman: 265 Md. 350 [289 A.2d 575].
Court: What’s it say in that case?
Mr. Friedman: The citation that I referred to, I haven’t read the full cases, it’s my understanding that those cases suggest that the State bears the burden of proof on the voluntariness of the statement.
Mr. Paone: I agree with that, Your Honor, but I—it’s the State’s position that the Defendant bears the burden, nevertheless, of going forward. It’s the same standard, but he made the Motion, he has to go forward and it’s true, it is up to me ultimately to show that it’s voluntary, but he has to show that there’s something on which the Court could say it wasn’t voluntary. And once he does that—
Mr. Friedman: I—I don’t believe that to be the law, Your Honor. In fact, I think it’s quite to the contrary. Citing Smith v. State, the Court of Appeals has said that before a confession can be admitted in evidence, the State must show to the satisfaction of the Court that it was free and a voluntary act of the accused and that there was no force or coercion and so forth.
[248]*248So, I think that both the burden of persuasion, the burden of going forth with the evidence, and the ultimate burden of proof, burden of persuasion both rest with the State, despite the fact that it’s the Defendant’s Motion. Of course, it’s the Defendant’s Motion. The State isn’t going to move to suppress, and I think that at least as to the voluntariness of this statement, particularly under the circumstances of this case, that the State bears the burden of both going forward with the evidence and, of course, the ultimate burden of proof.
Court: Well, I’m going to deny your request to require the State to go forward. The Court considers it your Motion, Defendant’s Motion. Defendant may proceed.”

Following a timely challenge to the admissibility of a confession, the State indisputably bears the burden of proving by a preponderance of the evidence that the confession was voluntary. This includes, by definition, the allocation of the burden of going forward with the evidence. If the appellant here had steadfastly refused to go forward and the State, relying upon the judge’s ruling, had rested upon its oars, the suppression hearing judge would have been confronted with a classic nothing-to-nothing tie. In a nothing-to-nothing tie scenario, there is no way that the State could be deemed to have carried its burden of persuasion. Absent some presumption of voluntariness (which does not exist), the allocation of the burden of persuasion incorporates the burden of production.

In Kidd v. State, 33 Md.App. 445, 366 A.2d 761 (1976), aff'd 281 Md. 32, 375 A.2d 1105, cert. denied, 434 U.S. 1002, 98 S.Ct. 646, 54 L.Ed.2d 498 (1977), we set out, at 33 Md.App. 455-466, in catechism form, the procedural questions and answers bearing upon the admissibility of a confession:

“1. Must the Defendant Interpose an Objection?— Yes.”
[249]*24933 Md.App. at 456, 366 A.2d 761
“2. Is a Bare Objection Enough?—Yes.” 33 Md.App. at 456-457, 366 A.2d 761
“3. Are a Hearing and a Judicial Ruling Required?— Yes.”
33 Md.App. at 457-459, 366 A.2d 761
“4. What is the Constitutional Test?—Voluntariness.” 33 Md.App. at 459-465, 366 A.2d 761
“5. What is the Burden of Proof?—A Preponderance of the Evidence.”
33 Md.App. at 465, 366 A.2d 761
“6. To Whom is the Burden Allocated?—The State.” 33 Md.App. at 465-466, 366 A.2d 761

In this catechism, it is the sixth “Question and Answer” that is squarely dispositive of the issue now before us. Our statement as to the allocation was unequivocal, at 33 Md.App. 465, 366 A.2d 761, “[I]t is and always has been clear that the burden of proving voluntariness is allocated to the State.” We quoted from Nicholson v. State, 38 Md. 140, 153 (1873):

“The law is also well settled that the onus is upon the prosecutor, to show affirmatively, that the confession proposed to be offered was not made in consequence of an improper inducement.” (Emphasis in original).

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Related

Pitt v. State
832 A.2d 267 (Court of Special Appeals of Maryland, 2003)

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Bluebook (online)
507 A.2d 197, 67 Md. App. 244, 1986 Md. App. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-state-mdctspecapp-1986.