State v. Miller

651 A.2d 845, 337 Md. 71, 1994 Md. LEXIS 158
CourtCourt of Appeals of Maryland
DecidedDecember 16, 1994
DocketNo. 1
StatusPublished
Cited by18 cases

This text of 651 A.2d 845 (State v. Miller) 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. Miller, 651 A.2d 845, 337 Md. 71, 1994 Md. LEXIS 158 (Md. 1994).

Opinion

KARWACKI, Judge.

This case presents the question of whether an indigent defendant who appeals from his conviction of a crime is [74]*74entitled to receive a free stenographic transcript of the trial' proceedings if, in connection -with the appeal, he has neither sought the assistance of, nor been refused' representation by, the Public Defender. We shall answer that question in the negative.

I

In the Circuit Court for Howard County Bernard Miller was charged with the kidnapping, robbery, and murder of Pamela Basu and other related offenses. The Public Defender offered to represent him at trial, but Miller declined and chose to be represented by Laurack D. Bray, Esq., a member of the bar of the District of Columbia, who was willing to furnish his services on a pro bono basis. The Circuit Court admitted Mr. Bray to do so pro hac vice.

Miller was convicted of several offenses, including felony murder, and sentenced to imprisonment for life plus ten years. He noted an appeal from those judgments and filed a motion in the circuit court requesting that the State pay for a transcript of the trial proceedings. Miller refused to request representation by the Public Defender, and Mr. Bray refused to seek appointment by the Public Defender as an assigned public defender to represent Miller on appeal under the supervision of the Public Defender. Mr. Bray, at oral argument before this Court, reasserted that refusal, explaining that his client did not want the office of the Public Defender involved in any way with his case. The trial court based its ruling on Maryland Rule 1—325(b) which provides, in pertinent part:

“The court shall order the State to pay the court costs related to an appeal ... and the costs of preparing any transcript of testimony, brief, appendices, and record extract necessary in connection with the appeal, in any case in which (1) the Public Defender’s Office is authorized by these rules or other law to represent a party, (2) the Public Defender has declined representation of the party, and (3) the party is unable by reason of poverty to pay those costs.”

[75]*75As Miller’s pro bono counsel would continue to represent him on appeal, and he had not sought representation by the Public Defender, the trial court denied his motion. Miller appealed that denial to the Court of Special Appeals.

The intermediate appellate court held that “where an indigent appellant who otherwise would qualify for representation by the Public Defender chooses to be represented by a qualified private attorney and that attorney elects to represent the appellant without fee of any kind or from any person, strictly on a pro bono basis, the Public Defender is obliged to provide the necessary transcript and, subject to Md. Rule 8-505, pay the cost of the brief and other necessary documents as well.” Miller v. State, 98 Md.App. 634, 645, 635 A.2d 1, 6 (1993). In reaching this conclusion, the Court of Special Appeals interpreted the legislative history of Md. Rule 1-325(b) as evincing an intent to provide a transcript in precisely this type of case. The court reached its decision based solely upon its construction of Md. Rule 1—325(b) and did not address the issues raised by Miller as to the constitutionality of that rule.

The State petitioned this Court for a writ of certiorari and moved to stay enforcement of the mandate of the Court of Special Appeals. The Office of the Public Defender moved to intervene, and Miller filed a cross-petition for certiorari. We granted the Public Defender’s motion to intervene and the State’s motion to stay and issued our writ of certiorari upon both petitions to consider whether Md. Rule l-325(b) requires that Miller receive a free transcript and, if not, whether the rule violates Miller’s federal constitutional rights to equal protection of the laws and assistance of counsel.

II

Under Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956), a state is required to provide as adequate an appellate review to an indigent defendant as would be available to a defendant able to afford a transcript. If a transcript of the trial proceedings is necessary for an appeal, therefore, a [76]*76state cannot refuse to provide the transcript based solely on a defendant’s indigence, thereby foreclosing all opportunity for appellate review. Id. at 18-19, 76 S.Ct. at 590-91, 100 L.Ed. at 898-99. Nevertheless, Justice Black, in his plurality opinion explaining the judgment, pointed out:

“We do not hold, however, that Illinois must purchase a stenographer’s transcript in every case where a defendant cannot buy it. The Supreme Court may find other means of affording adequate and effective appellate review to indigent defendants.”

Id. at 20, 76 S.Ct. at 591, 100 L.Ed. at 899. Furthermore, Justice Frankfurter, in his concurring opinion, emphasized this right of the states to condition their duty to provide free transcripts upon reasonable cost-containment measures:

“When a State not only gives leave for appellate correction of trial errors but must pay for the cost of its exercise by the indigent, it may protect itself so that frivolous appeals are not subsidized and public moneys not needlessly spent. The growing experience of reforms in appellate procedure and sensible, economic modes for securing review still to be devised, may be drawn upon to the end that the State will neither bolt the door to equal justice nor support a wasteful abuse of the appellate process.”

Id. at 24, 76 S.Ct. at 593, 100 L.Ed. at 901-02.

Miller claims that Griffin mandates that an indigent defendant receive a free transcript when represented by private, pro bono counsel other than an attorney working under the supervision of the Public Defender. Further, he asserts that the requirement in Md. Rule 1-325(b) that he be represented by, or denied representation by, the Public Defender’s Office before he can receive a free transcript denies him equal protection of the laws and genuine and effective assistance of counsel.

The State responds that Miller is entitled to a free transcript, but not on his own terms. Contending that Maryland’s method of supplying indigent appellants in criminal cases a free transcript of the trial proceedings complies with the [77]*77Griffin mandate, the State asserts that Md. Rule l-325(b) is a reasonable restriction on the exercise of an indigent appellant’s right to appeal.

Ill

Md. Rule 1-325(b) traces its roots back to 1945, when Maryland required the State to prepare a transcript for indigent appellants in capital criminal cases. See Ch. 1068 of the Acts of 1945, codified as Maryland Code (1939, 1947 Cum.Supp.), Art. 5, § 88A. In 1958, complying with the Griffin mandate, the General Assembly extended that right to include appellants in non-capital cases. Ch. 68 of the Acts of 1958, codified as Md.Code (1957, 1963 Cum.Supp.) Art. 5, § 15A. Also in 1958, we incorporated those same provisions into the Rules, obligating the State to provide a free transcript for indigent appellants in all criminal cases. See Maryland Rule 883 b (1958).

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Bluebook (online)
651 A.2d 845, 337 Md. 71, 1994 Md. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-md-1994.