Kusi v. State

91 A.3d 1192, 438 Md. 362, 2014 Md. LEXIS 356
CourtCourt of Appeals of Maryland
DecidedMay 19, 2014
Docket62/13
StatusPublished
Cited by14 cases

This text of 91 A.3d 1192 (Kusi 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
Kusi v. State, 91 A.3d 1192, 438 Md. 362, 2014 Md. LEXIS 356 (Md. 2014).

Opinions

BATTAGLIA, J.

Section 1-202 of the Criminal Procedure Article, Maryland Code (2001, 2008 RepLVol.) provides for the appointment of an interpreter for a defendant in criminal proceedings and states:

§ 1-202. Interpreters for criminal proceedings.
(a) When appointment required. — The court shall appoint a qualified interpreter to help a defendant in a criminal proceeding throughout any criminal proceeding when the defendant ...
(2) cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help present the defense.1

Rule 16-819 of the Maryland Rules provides the procedures to determine whether an interpreter is needed and is at the heart of the issue before us:

(c) Procedures to determine the need for interpreters.
(2) Spoken language interpreter. (A) Examination of party or witness. To determine whether a spoken language interpreter is needed, the court, on request or on its own initiative, shall examine a party or witness on the record. The court shall appoint a spoken language interpreter if the court determines that:
(i) the party does not understand English well enough to participate fully in the proceedings and to assist counsel, or
[367]*367(ii) the party or a witness does not speak English well enough to be understood by counsel, the court, and the jury.
(B) Scope of examination. The court’s examination of the party or witness should include questions relating to:
(i) identification;
(ii) active vocabulary in vernacular English; and
(iii) the court proceedings.

Petitioner George Kusi seeks review of a judgment of the Court of Special Appeals affirming his conviction in the Circuit Court for Montgomery County for sexual abuse of a minor, second degree rape, and third degree sexual offense. The Court of Special Appeals, in an unreported opinion, affirmed the judgment of the Circuit Court and concluded that the trial judge had satisfied the requirements of Maryland Code, Section l-202(a) of the Criminal Procedure Article and adhered to Rule 16-819(c)(2)(A). Before this Court, Kusi, a native of Ghana who arrived in the United States four years prior to his conviction, alleges that the trial judge abused his discretion in denying him an interpreter for his criminal trial and also argues that the Court of Special Appeals applied a clear error review, which, he asserts, was the wrong standard of appellate review. Kusi petitioned this Court for a writ of certiorari, which was granted. 432 Md. 466, 69 A.3d 474 (2013). In his petition, Kusi presented the following question:

Did the Court of Special Appeals err in applying a ‘clearly erroneous’ standard of review to requests for an interpreter, and under the proper standard, was it an abuse of discretion to refuse an interpreter for Petitioner at his jury trial?

We shall hold that appellate review of a trial court’s decision to appoint an interpreter is a two-part process in which the reviewing court will first examine whether the trial judge’s factual findings were clearly erroneous and, if those findings were not clearly erroneous, the reviewing court will then consider whether the trial judge abused his discretion in making the determination regarding whether to appoint an interpreter.

[368]*368With regard to the appointment of an interpreter in this particular case, Section 1-202 of the Criminal Procedure Article, Maryland Code (2001, 2008 RepLVol.) required the trial judge to first make factual findings regarding whether Kusi could “readily understand or communicate the English language” and whether he could “understand a charge made against [him] or help present the defense.” We shall review the factual findings made by the trial judge utilizing a clearly erroneous standard. Thereafter, the trial judge determined that an interpreter was unnecessary, which we review under an abuse of discretion standard. In the present case, after applying the relevant standards, it is clear that the trial judge acted within his discretion to deny Kusi’s request for an interpreter.

On the morning that Kusi’s criminal jury trial was scheduled to commence, his attorney notified the trial court for the first time that, one week earlier, Kusi had requested that an interpreter be present at the trial:2

[Defense Counsel]: I just need to ask the Court maybe to inquire. My client and I have had conversations during the pendency of this case—
The Court: Sure.
[Defense Counsel]: — and we’ve talked in English and everything. I met with him last week. For the first time he expressed the desire to have an interpreter.
[369]*369The Court: Really. What language?
[Defense Counsel]: He’s Ashanti. There was no line.[3] I contacted the office on Friday to see. What I’m trying to do—
The Court: Could I ask him some questions?

Kusi was sworn by the court, and the trial judge proceeded to question him regarding his educational level and his use of the English language:

The Court: [H]ow far did you go in school?
Kusi: My school was (unintelligible), but I learn a lot of language, but I’m not really good in English.
The Court: Well, I didn’t ask you that. I asked you how far you went in school. I’ll get to that.
Kusi: Middle school.
The Court: I’m sorry?
Kusi: Middle school.
The Court: Middle school.
Kusi: Okay.
The Court: And if I could inquire, where were you born?
Kusi: Born in Ghana.
The Court: In Ghana. Very good. And how old are you, sir?
Kusi: I’m 44 years.
The Court: Forty-four. And when were you born?
Kusi: (No audible response.)
The Court: What year?
Kusi: June 16, 1967.
The Court: 1967. And when did you come to the United States?
[370]*370Kusi: The date that I come to United States?
The Court: Just the year; I don’t need the exact date.
Kusi: It’s four years.
The Court: Four years ago?
Kusi: Yeah.
The Court: Okay. Very good.

The trial court continued to question Kusi regarding what he did for a living and then addressed discussions between Kusi and his attorney:

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Cite This Page — Counsel Stack

Bluebook (online)
91 A.3d 1192, 438 Md. 362, 2014 Md. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kusi-v-state-md-2014.