Jones v. State

367 A.2d 1, 279 Md. 1, 1976 Md. LEXIS 579
CourtCourt of Appeals of Maryland
DecidedDecember 14, 1976
Docket[No. 3, September Term, 1976.]
StatusPublished
Cited by60 cases

This text of 367 A.2d 1 (Jones 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
Jones v. State, 367 A.2d 1, 279 Md. 1, 1976 Md. LEXIS 579 (Md. 1976).

Opinions

[3]*3Digges, J.,

delivered the opinion of the Court. Murphy, C. J., and Smith, J., dissent and Murphy, C. J., filed a dissenting opinion in which Smith, J., concurs at page 18 infra.

The issue which we conclude to be dispositive of this criminal cause is whether the petitioner’s right to a speedy trial as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution was denied. Because we determine that this right was violated, the conviction must be reversed and the indictment dismissed.

The petitioner, John Edward (Liddy) Jones, following his arrest on July 12, 1972, was charged in Baltimore County with violations of, and with conspiracy to violate, Maryland’s narcotics laws. Approximately two and one half years later, in December of 1974, upon removal trial began in the Circuit Court for Calvert County before Judge Perry G. Bowen, Jr., and a jury. At that trial Jones was found guilty on four counts of the indictment and was sentenced to a 20-year term of imprisonment to commence following the expiration of a federal term he is presently serving. The petitioner noted a timely appeal to the Court of Special Appeals, where a three-judge panel upheld his conviction, with Judge Davidson dissenting. Jones v. State, 29 Md. App. 182, 348 A. 2d 55 (1975). We granted certiorari to review that court’s decision.1

In the resolution of the speedy trial issue in this case we, of course, must carefully scrutinize all occurrences between Jones’ arrest and trial. For the sake of clarity and brevity, however, we will present only a skeletal outline of facts at this point and recount in more detail, in our discussion of the reasons for the delay and the defendant’s assertion of the right, those events which the parties allege either directly or collaterally contributed to the two and one half year period. [4]*4By way of a one sentence overview, suffice it to say that Jones’ trial on the narcotics charges could well have taken place as scheduled on December 15, 1972, June 25, 1973, February 26, 1974, or June 26, 1974, but for various reasons it did not commence until December 11,1974.

On the day following his July 12th arrest, Jones escaped from the Baltimore County jail; however, within several days he surrendered to local authorities and was indicted for the several narcotics offenses as well as for the escape. The State elected, over Jones’ objections, to proceed on the escape indictment first, and trial was set for November 29, 1972, with the narcotics case to be tried no later than December 15th of that year. However, neither trial took place as contemplated because two days prior to the scheduled trial on the escape charge, Jones and the State entered into a written agreement which provided that the escape case would be tried on January 8, 1973 (or as soon thereafter as the docket would permit), and would be completed prior to commencement of the trial on the narcotics charges. Along with a number of preliminary motions, Jones filed his first demand for a speedy trial of the narcotics cause on January 2,1973. On January 11, he entered a guilty plea to the escape charge and was sentenced to a prison term of 13 months. On March 2, 1973, the Deputy State’s Attorney for Baltimore County wrote to the petitioner’s attorneys, explaining that while the State had taken no action to press the narcotics case to a conclusion during the previous two months because it was not sure Jones would attend the trial (claiming his whereabouts were then unknown to it), the State now desired to proceed as quickly as possible. And in mid-March, the parties agreed to a March 30 hearing on several pending preliminary motions, which took place as scheduled. A little more than one month later, on May 3, the petitioner was indicted on charges of federal narcotics violations. Although the State should have had scheduling priority in light of the fact that a June 25 trial date was set at a hearing in late May (when no trial date in federal court apparently had been determined), Jones’ trial in the federal district court [5]*5nevertheless began on June 18 and lasted through July 21, thus forcing a further postponement of his state trial.2

Very little activity appears to have transpired over the course of the next several months in connection with the disposition of this case. In September the state’s attorney’s office contacted Jones’ lawyers by letter with regard to a motion for discovery and inspection, and on November 14, the petitioner filed his second motion for a speedy trial. Subsequently, on the day after Christmas, Assistant State’s Attorney Ruppersberger and Jones’ attorney orally agreed to a February 26, 1974, trial date and following several exchanges of letters in January, this date became firm. On the 8th of February, however, the case was removed from the scheduled assignment by Circuit Administrative Judge Proctor, who indicated that no judges were available to conduct the trial and that it would have to be rescheduled for some time during the April term of court. Jones’ arraignment was similarly postponed on a number of occasions in the spring of that year, during which time numerous motions were filed, including Jones’ third speedy trial assertion and a request that his trial be severed from that of his three co-defendants. Following the grant of the petitioner’s severance motion, the State elected to proceed against Jones’ co-defendants first, but finally at a June 13 hearing, the case against Jones was set to go forward on the 26th of that month.

Perhaps he would have been tried in June, but at a hearing on the scheduled trial date, Jones agreed to waive his right to a speedy trial until November 18 so that attorney F. Lee Bailey, who was then unavailable due to a trial conflict, could represent him. An additional postpostment, requested by Bailey, caused a further delay until early December. The trial finally began in the Circuit Court for Baltimore County on the 4th; however, the next day Judge Proctor declared a mistrial pursuant to Jones’ request and removed the case to Calvert County where trial began on December 11. At trial, Jones again raised the [6]*6speedy trial issue, this time by a motion to dismiss. The court denied the motion, and following a two day trial, Jones was convicted on four counts of the indictment.

In determining whether there has been a violation of the Sixth Amendment right to a speedy trial, applicable to the states through the Fourteenth Amendment, Klopfer v. North Carolina, 386 U. S. 213, 87 S. Ct. 988, 18 L.Ed.2d 1 (1967), we must “engage in a difficult and sensitive balancing process,” Barker v. Wingo, 407 U. S. 514, 533, 92 S. Ct. 2182, 2193, 33 L.Ed.2d 101 (1972), in which four factors are of primary importance: (1) length of delay, (2) reasons for the delay, (3) defendant’s assertion of his right, and (4) prejudice to the defendant. Id. at 530, 92 S. Ct. at 2191-92; see Erbe v. State, 276 Md. 541, 546-47, 350 A. 2d 640, 643 (1976); Smith v. State, 276 Md. 521, 527-28, 350 A. 2d 628, 632-33 (1976); Epps v. State, 276 Md. 96, 104-09, 345 A. 2d 62, 68-71 (1975).

(1) Length of Delay

This Court concluded in Epps v. State, supra, 276 Md. at 111, 345 A.

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Bluebook (online)
367 A.2d 1, 279 Md. 1, 1976 Md. LEXIS 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-md-1976.