Richardson v. State

849 A.2d 487, 381 Md. 348, 2004 Md. LEXIS 254
CourtCourt of Appeals of Maryland
DecidedMay 14, 2004
Docket41, Sept. Term, 2003
StatusPublished
Cited by20 cases

This text of 849 A.2d 487 (Richardson 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
Richardson v. State, 849 A.2d 487, 381 Md. 348, 2004 Md. LEXIS 254 (Md. 2004).

Opinions

BELL, Chief Judge.

In this case, we are asked to decide whether showing the defendant, either singly or as a member of a group of defendants, a videotape of a judge giving the advice that Maryland Rule 4-215(a)1 requires and subsequently taking him or her before a judge for bail review comply with that rule and to determine the effect, if any, that procedure has on a subsequent determination that the defendant has waived counsel by inaction, pursuant to Rule 4-215(c) or (d).2 The Court of [351]*351Special Appeals, rather than answer either of the issues, remanded the case to the Circuit Court, with instructions that it do so. We shall reverse.

I.

The petitioner, Kurt H. Richardson, was arrested and charged with felony and misdemeanor drug offences and resisting arrest. When he appeared for his bail hearing, rather than being taken directly before the court, he, along with a group of defendants, was shown a videotape. On the [352]*352videotape,3 a judge provided advice and instructions, generally as follows:

“THE COURT: Your bail review is not your trial, but is a hearing to determine whether the bail that has been set in your case ought to be increased or decreased or whether you ought to be released on your own recognizance. This is not your opportunity to tell the Court whether you are guilty or not guilty. Each of you should’ve received a copy of your statement of charges. If you have not received your charging documents please tell the pre-trial representative and the bail review judge, and a copy will be provided to you. You have certain very important rights, please listen carefully. If you are charged with a felony you have a right to preliminary hearing, if you choose to have a preliminary hearing the State must show that there is probable cause that a crime was committed and probable cause that you committed that crime. Your preliminary hearing date is printed on the paper the Court Commissioner gave you. If you are charged with a crime that carries a penalty of more than ninety days incarceration you have a right to a jury trial at the Circuit Court of Baltimore City. A jury is composed of twelve persons picked from the motor and voter rolls of Baltimore City, all twelve jurors must find you guilty beyond a reasonable doubt in order for you to be found guilty. You also have a right to a court trial, where a judge would decide whether you are guilty or not guilty. The standard of proof in a court trial is also beyond a reasonable doubt. Your trial date is printed on the paper the Court Commissioner gave you. Perhaps your most important right is your right to have a lawyer represent you. If you cannot afford to retain a private lawyer to represent you at not [sic] cost. The State’s Attorney who [353]*353will be prosecuting the case is a lawyer, the rules of evidence will apply at your trial. If you are not trained in the law and you do not know the rules of evidence you will find that you are at a disadvantage in attempting to represent yourself. A lawyer can help you in many ways, a lawyer can help you investigate your case, and determine if there is a legal defense that you might not know exists. A lawyer can help you question the State’s witnesses, call witnesses and question any witnesses that you any have. A lawyer can help you decide whether you should testify or whether you should remain silent. Even if you are found guilty a lawyer can still help you by arguing to the judge about the sentence to be imposed. These are the advantages to having a lawyer. There are only disadvantages in representing yourself. You may retain any lawyer you choose, if you are unable to hire a private attorney you may go to the Public Defender’s office to apply for representation. If you remain in jail the Public Defender’s Office will represent you if you choose. If you make bail or are released on your own recognizance you must go in person to the Public Defender’s Office. When you arrive you will be given an income verification form, the verification form must be returned to the Public Defender’s office more than ten working days before your trial date so that a determination can be made whether you qualify for representation. If you do nothing between now and the date of your trial the judge may find that you have waived your right to a lawyer. If that happens you will have to proceed without representation. If you have any questions regarding these rights, please ask the bail review judge when you [sic] name is called.”

Bail Review Instructions, Official Transcript of Proceedings before Honorable Alan T. Karlin, Judge, October 28, 2003.

After viewing the video, the petitioner and the other members of the group were taken into the courtroom, before the bail review judge. Having inquired, “[t]his group has seen the video and been advised of their rights, is that correct[ ]” and [354]*354received the response,4 “Yes, sir, they have,” the judge proceeded to review each defendant’s case individually. With respect to the petitioner, with the exception of advising the petitioner that his bail would remain the same and hearing from the representative from Pretrial Release Services, that review, in its entirety, consisted of the following:

“THE COURT: Mr. Richardson, in case Number 2172, one count of distribution is a felony, 20 years, $25,000; one count of possession, 4 years and/or $25,000; resisting arrest (inaudible) could receive a sentence not deemed cruel and unusual.
“Preliminary hearing is September 17th, Courtroom 3, 830 North Avenue. Pretrial.
“WOMAN’S VOICE: Gina (inaudible) for pretrial release services. For the record, Your Honor, this defendant does have a 52 page record, and this was the allegation: The police observed the defendant looking into a pill container. They come back with a field interview.
“He then threw that container into the street. They did recover 14 gel caps of suspected heroine [sic]. Current bail is set at 5,000 and pretrial is not requesting a change.”
“THE COURT: The bail remains the same.”

(Official Transcript of Proceedings (Arraignment Hearing), August 18, 1998). The record thus reflects that the bail review judge never, inquired of the petitioner personally whether he was present when the video was shown, whether he understood its contents, or whether he had any questions regarding the video. Nevertheless, “The Bail Review Docket” recorded that the District Court Judge did make “certain the defendant received a copy of the charging document; informed the defendant of right to, and importance of, counsel; complied w/rule 4-215; referred defendant to public defender; advised felony defendant of right to preliminary hearing; [355]*355advised defendant of right to jury trial; ordered bail to remain the same.”

When the petitioner next appeared in the District Court, for his preliminary hearing, the felony drug charge against him was nolle prossed and his case was postponed. On that occasion, the only exchange between the petitioner and the court was, as follows:

“THE COURT: Okay, So the State’s — (inaudible)—nolle prossed the felony, which means you have an absolute right to a postponement. December 18th is your new date. You have a right to hire private counsel.

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Richardson v. State
849 A.2d 487 (Court of Appeals of Maryland, 2004)

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Bluebook (online)
849 A.2d 487, 381 Md. 348, 2004 Md. LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-state-md-2004.