State v. Hardy

4 A.3d 908, 415 Md. 612, 2010 Md. LEXIS 346
CourtCourt of Appeals of Maryland
DecidedAugust 27, 2010
Docket148, September Term, 2009
StatusPublished
Cited by18 cases

This text of 4 A.3d 908 (State v. Hardy) 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
State v. Hardy, 4 A.3d 908, 415 Md. 612, 2010 Md. LEXIS 346 (Md. 2010).

Opinions

HARRELL, J.

During the jury voir dire stage of his trial in the Circuit Court for Baltimore City on charges, among others, of carjacking, robbery, first degree assault, and reckless endangerment, Respondent, Wilbert Hardy, informed the judge that he was “thinking about changing [his] attorney or something.” [616]*616Hardy explained the reasons underlying his dissatisfaction with his trial counsel. The court remonstrated that Hardy discharging his present counsel might prove deleterious to his defense. In response, Hardy abandoned any initiative to change his trial counsel and the trial continued, resulting in convictions on the above charges. Upon appellate review, we are asked to determine whether Hardy’s statement that he was “thinking about changing [his] attorney or something” qualified as a request to discharge counsel under Maryland law and rules and, if so, whether the trial court addressed properly the request. For reasons we shall explain, we hold that: (1) Hardy’s statement constituted a request to discharge defense counsel; (2) Maryland Rule é-^lACe),1 which dictates the procedure a trial court must follow in response to a request to discharge counsel, does not apply after voir dire begins; and, (3) the trial court did not abuse its discretion in how it addressed Hardy’s request to discharge his counsel during trial. As such, we reverse the judgment of the Court of Special Appeals that held, in pertinent part, to the contrary.

I. FACTS

On 19 February 2006, around 1:30 a.m., an officer of the Baltimore City Police Department discovered Emmitt Camm [617]*617leaning against a gas station pump in the 2500 block of Liberty Heights Avenue in Baltimore. Camm appeared to have been beaten severely. Paramedics transported him to Sinai Hospital for treatment. Camm informed police that he had been driving his Ford Explorer when two men, one of whom he identified as an acquaintance, “Will,” stopped him and asked for a ride. At some point during their travels thereafter, the men told Camm to pull over. Camm stopped the car and stepped out, at which time the men advanced on him and demanded his “property.” The men threatened Camm with a knife, beat him, and threw him into the trunk of his car. Camm “got out somehow” and stumbled to the gas station where the police found him. All in all, the men stole Camm’s wallet, cell phone, car keys, and vehicle. Approximately a month after the attack, Camm identified from a police photo array “Will” as the Respondent, Wilbert Hardy. Police arrested Hardy on 20 June 2006.

At the outset of Hardy’s trial in the Circuit Court on 19 March 2007, immediately prior to the colloquy at issue in this appeal, the court swore the venire panel, introduced the factual allegations of the case to the venire, and proceeded to ask the venirepersons several questions and receive their responses. The court then asked counsel and Hardy to approach the bench to discuss further voir dire inquiries. At the bench, the following exchange commenced the colloquy that we consider pointedly in this ease:

[DEFENSE COUNSEL]: Also, my client wanted to address the court.
THE COURT: About what?
[DEFENSE COUNSEL]: He won’t tell me.
THE COURT: No. You sit down, sir. The only thing you should have addressed me on is whether you wanted that 12 years.[2] You not wanting it you’re getting exactly what you asked for, a trial.
[618]*618[HARDY]: I’m saying I haven’t changed about me wanting a trial. I’m thinking about changing the attorney or something.
THE COURT: Okay. Sit down a minute.
[HARDY]: She [my attorney] asking me about taking time. I’m not going to do this. That’s what I’m saying[3]
THE COURT: Well, sir, at this point actually, you only have two options. One is to discharge your lawyer and proceed to represent yourself, which I would not recommend. You have a constitutional right to represent yourself. But I don’t feel that I am able to force her to sit at the trial table and assist you. Now if you have another lawyer who is ready, willing and able to step in her shoes, by all means, fire her if the other person is ready to step in. [HARDY]: I’m not saying that—no disrespect—I’m saying, I haven’t talked to my lawyer an hour in over a year. I’ve had her for a year. I haven’t even talked to my lawyer one hour. I’m saying, that’s no time to prepare a case. I spoke to her 15 minutes with her out in Hagerstown [a detention facility] because she had to leave. I can’t prepare a case in 15 minutes (inaudible).
THE COURT: I can’t believe that counsel would have only talked to you 15 minutes. Is that—
[DEFENSE COUNSEL]: No. We spoke—when I went to visit him in Hagerstown I was kicked out because there were—they ended it, but we spoke for 20, 25 minutes. And we have spoken extensively on Friday [16 March]. That was well over an hour.
[619]*619THE COURT: See, sir, what you’re saying is basically you’re upset because you believe that her suggestion to you that you take time on this case she’s trying to throw you. Is that what you’re saying?
[HARDY]: I feel like she don’t believe in me. You know what I’m saying. She asked me to take time for something I didn’t do.
THE COURT: She’s got to. The same way I had to go over what you were charged with, what the elements were and what the offer was so that you don’t turn around and say, they never told me. You understand, sir? Ethically she’s got to do that.
[HARDY]: She’s been telling me about take the time every time I see her she says something about taking some time.
THE COURT: That’s because you’re exposed to so much more. That’s why. She’s a good lawyer.
[HARDY]: I’m not saying she’s not a good lawyer. I’m just saying (inaudible).
THE COURT: She’s going to work hard for you.
[HARDY]: All right.
THE COURT: She’s only doing what anybody else does. A decision whether or not you want to take time is in your hands, not in her hands. You understand? That’s why she’s telling you. That’s why I told you. So it couldn’t come up later on, say, look, that judge didn’t even tell me. You see?
[HARDY]: Yes, sir.
THE COURT: Okay. You all can step back.

(Emphasis added.)

The judge revisited the matter of Hardy’s earlier expressed dissatisfaction with his defense counsel at the close of voir dire. The court asked counsel and Hardy to approach the bench to note any exceptions to the voir dire questions it had asked. After he gave the lawyers the opportunity to note these exceptions, the judge addressed Hardy:

[620]*620THE COURT: ... [S]ir, do you feel better about—after talking to me about—
[HARDY]: (inaudible) wanted to finish talking to my attorney before I come back in the courtroom.

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State v. Hardy
4 A.3d 908 (Court of Appeals of Maryland, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
4 A.3d 908, 415 Md. 612, 2010 Md. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hardy-md-2010.