State v. Parker

702 A.2d 217, 347 Md. 533
CourtCourt of Appeals of Maryland
DecidedMay 25, 1995
Docket89, Sept. Term, 1994
StatusPublished
Cited by12 cases

This text of 702 A.2d 217 (State v. Parker) 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. Parker, 702 A.2d 217, 347 Md. 533 (Md. 1995).

Opinions

KARWACKI, Judge.

In this case, we review the circumstances surrounding the scheduling of the trial of a criminal case beyond the 180-day mandate of Maryland Rule 4-2711 and determine whether the [535]*535circuit administrative judge erred in concluding that Md.Rule 4-271 was violated and that the case must therefore be dismissed.

I

On November 16, 1992, Steven Donnell Parker was indicted by the Grand Jury for Anne Arundel County for numerous offenses. Parker initially appeared before the Circuit Court for Anne Arundel County for arraignment on December 14, 1992. The case was called for trial on March 30, 1993, before Judge Raymond G. Thieme, Jr., at which time the State advised the court that it was prepared to go to trial but that Parker was not present. Parker’s attorney, who was also involved in another trial on March 30, advised the trial judge that she did not know where Parker was and that she had been unable to locate him since his release from the detention which followed his arrest. Judge Thieme, as the circuit administrative judge for the 5th Judicial Circuit, is empowered, pursuant to Md.Rule 1200 c. 2.(a), to perform any of the duties of a county administrative judge for the purpose of compliance with Md.Rule 4-271. Accordingly, he postponed the case and issued a bench warrant for Parker’s arrest.

Parker was arrested on that warrant on May 12, 1993. By letter dated June 9, 1993, the prosecutor outlined terms of a possible plea agreement and advised Parker’s attorney that he had set trial for July 21, 1993,2 in the event the parties were unable to reach an agreement on a plea. On July 19, 1993, Judge Thieme granted the State’s request for a one-week postponement of the trial and ordered that motions be heard on July 21.

On July 21, 1993, Judge Thieme heard arguments on Parker’s motion to dismiss for an alleged violation of Md.Rule 4-[536]*536271. There was no dispute that the 180-day period specified in Md.Rule 4-271 (the Hicks3 date) had expired on June 12, 1993. There also was no dispute that following Parker’s arrest in May, the prosecutor had set trial for a date beyond that deadline. In granting Parker’s motion to dismiss, Judge Thieme concluded that Md.Rule 4-271 had been violated because the State, after Parker’s arrest in mid-May, had not scheduled a trial date prior to the Hicks date or sought a good cause finding for scheduling a trial date thereafter. Judge Thieme also stated that' he had granted a postponement on March 30 because Parker was not present for trial but declined to determine whether there had been an inordinate delay between Parker’s arrest on May 12 and the new trial date.

The Court of Special Appeals, in an unreported opinion, affirmed the judgment of dismissal. We granted certiorari upon the State’s petition to determine whether dismissal was proper under these circumstances. For the reasons set forth below, we shall hold that dismissal was inappropriate in this case because Md.Rule 4-271 was satisfied.

II

The State contends that the appropriate rationale to be applied in this case is the two-step analysis which we employed in Rosenbach v. State, 314 Md. 473, 480, 551 A.2d 460, 463 (1989), and re-affirmed in State v. Cook, 322 Md. 93, 97-98, 585 A.2d 833, 835 (1991), which requires a finding of both good cause for postponement and the lack of inordinate delay in scheduling the ultimate trial date to satisfy Md.Rule 4-271. The State concludes that, if the Rosenbach analysis is employed, dismissal is not warranted in this case.

Parker contends that the Rosenbach analysis does not apply in this case and that the prosecutor had an obligation to go to the administrative judge when it became clear that the case could not be tried within the 180-day limit. In Parker’s [537]*537words, “[i]f the combination of when the failure to appear occurred and the length of time it takes to correct it is such that the prosecutor cannot try the case within the 180 day limit, then the prosecutor must go to the Administrative judge, explain the circumstances, and ask permission to exceed the 180 day limit.”

The Court of Special Appeals agreed with Parker, holding:

“In this case, the prosecutor took it upon himself to schedule the trial beyond the 180-day deadline without first seeking the approval of the administrative judge. We are unable to conclude that the administrative judge abused his discretion in finding that the scheduling of the case was made without a good cause finding by the administrative judge. It follows that the court did not err in dismissing the indictment.”

Without even mentioning the Rosenbaeh decision, the intermediate appellate court affirmed the dismissal of the case, based on the scheduling of the case by the prosecutor beyond the Hicks date without requesting a finding of good cause from the administrative judge. Accordingly, we shall reverse the judgment of the Court of Special Appeals and remand this case for trial.

Ill

In State v. Hicks, 285 Md. 310, 403 A.2d 356 (1979), we stated that the provisions of Maryland Code (1957, 1976 Repl.Vol.), Art. 27, § 5914 and Md.Rule 746, the forerunner to Rule 4-271, were mandatory:

[538]*538“The provisions of Rule 746 are of mandatory application, binding upon the prosecution and defense alike; they are not mere guides or bench marks to be observed, if convenient. Accordingly, Judge Pollitt was correct in holding that Rule 746 is mandatory and that dismissal of the criminal charges is the appropriate sanction where the State fails to bring the case to trial within the 120-day period prescribed by the rule and where ‘extraordinary cause’ justifying a trial postponement has not been established.”5

Id. at 318, 403 A.2d at 360. At its 1980 session, the Legislature retained the scope and mandatory nature of § 591, but changed the “extraordinary cause” requirement to one of “good cause.” Ch. 378 of the Acts of 1980.6 We later set forth the standard for reviewing a motion to dismiss for failure to try a defendant within 180 days:

“As the Hicks and Goins [293 Md. 97, 442 A.2d 550 (1982) ] cases make clear, a trial judge entertaining such a motion must ordinarily grant it if the case was not tried within 180 days and if the trial was not postponed beyond that deadline in accordance with the statute and rule. But in making this determination, when reviewing a postponement beyond the 180-day deadline ordered by the administrative judge, deference must be accorded the judgment of the administrative judge and those assignment personnel acting under his supervision. We hold, therefore, as follows: with regard to both components of the ‘good cause’ requirement in § 591 and Rule 746, the trial judge (as well as an appellate court) shall not find an absence of good cause unless the defendant [539]

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702 A.2d 217, 347 Md. 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parker-md-1995.