Strickland v. State

965 A.2d 887, 407 Md. 344, 2009 Md. LEXIS 15
CourtCourt of Appeals of Maryland
DecidedFebruary 20, 2009
Docket90, September Term, 2007
StatusPublished
Cited by8 cases

This text of 965 A.2d 887 (Strickland 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
Strickland v. State, 965 A.2d 887, 407 Md. 344, 2009 Md. LEXIS 15 (Md. 2009).

Opinions

ELDRIDGE, J.

The dispositive issue in this criminal case is whether the circuit judge, who presided over the trial and sentenced the defendant, erred, by ruling on a motion for modification of sentence pursuant to Maryland Rule 4-345(e)(l), after the Administrative Judge had assigned the matter to a different circuit judge.1

[347]*347I.

The petitioner, Donovan Strickland, was charged with first degree murder, robbery with a deadly weapon, and use of a handgun in the commission of a felony. Strickland was tried before a jury in the Circuit Court for Prince George’s County, with Judge Richard H. Sothoron, Jr., presiding, from January 5 through January 8, 1998. The jury returned a verdict of guilty on the charges of robbery with a deadly weapon and use of a handgun in commission of a felony, but it failed to reach a verdict on the murder charge. After discussions among defense counsel, the prosecuting attorney and the trial judge, including discussions in the trial judge’s chambers on March 2, 1998, which were not recorded, Strickland, pursuant to a plea agreement, entered a plea of guilty to first degree felony murder on March 3, 1998. Although the terms of the plea agreement have been and are currently disputed, the record reflects the following colloquy between the trial judge and Strickland prior to acceptance of the guilty plea on March 3rd:

“The Court: What I indicated to Mr. Blumenthal [defense counsel] is that if you conduct yourself in a well-mannered posture, that is to say, you refrain from getting into any disciplinary problems to speak of while you are incarcerated, the Court would be inclined to favorably consider [a] motion [for modification of sentence] at some point in time in the future.
“And let’s suppose, hypothetically, that I imposed a sentence today of life in prison, under felony murder, if that were to happen, then the prior convictions the jury has rendered as to robbery with a deadly weapon would merge into the felony murder. The law does not allow a judge to [348]*348impose a sentence for the robbery with a deadly weapon in addition to the life sentence.
“Do you understand that, Mr. Strickland?
“The Defendant: I do.
“The Court: Okay. So that means that if the Court, one, did not impose life without parole, and I indicated to Mr. Manico [the prosecutor] and Mr. Blumenthal that in all likelihood I’m not going to do that today, I would be inclined to impose a life sentence, and I would be inclined to favorably consider a motion for reconsideration of sentence if you do what I just indicated that you should do, and that is to conduct yourself as a model inmate, then the Court would be inclined to grant at a point in time in the future, which is yet to be determined, relief by granting your motion for reconsideration of sentence to the extent that I would reconsider your sentence by suspending a portion of your life sentence down to 50 years.”

The trial judge accepted Strickland’s guilty plea, sentenced him to life imprisonment for felony murder, imposed no sentence on the robbery conviction because of merger, and sentenced Strickland to a concurrent 20-year term of imprisonment for the handgun offense. Strickland’s motion for modification of the sentence, pursuant to Rule 4-345(e)(1), was filed two days later, on March 5, 1998. The trial judge held that motion under advisement for several years.

A hearing on the modification motion was held on October 14, 2005, and November 17, 2005. At the beginning of the recorded portion of the October hearing, the trial judge referred to the judge and the attorneys “hav[ing] just listened at the bench to the court reporter’s reciting,” based upon the transcript of the March 3, 1998, sentencing, “what the plea agreement was.” The trial judge also pointed out that the court reporter’s reading of the March 3, 1998, transcript “referenced that I had alluded to a conference in chambers the day before,” i.e., on March 2, 1998. In addition, the trial judge indicated that his understanding, when he accepted the [349]*349guilty plea, was that he “would be inclined to reconsider, down the road, if Mr. Strickland was a model inmate” but that “I didn’t give any promises as to what I would do nor, did I absolutely bind myself.”

Defense counsel, who was the same attorney who had represented Strickland at the trial and sentencing, stated that his understanding of the plea bargain, including the position of the trial judge on March 2 and 3, 1998, was different. The defense attorney represented that his

“understanding of the nature of the agreement was that, if I may use the word, it was written in stone. We would return here at a later point and, if he was a model prisoner, he would get life, suspend all but 50. By model prisoner, I understood that to mean he was to remain significantly infraction-free, no real infraction, Your Honor.”

Defense counsel then requested a continuance to search for any record of the proceeding in the trial judge’s chambers on March 2, 1998, and to contact the original prosecutor in the case.2 The trial judge, however, had the court reporter put under oath and testify as a witness. The reporter testified that there existed no recording and no notes of what transpired at the proceeding in chambers on March 2, 1998, although the transcript of the March 3rd sentencing clearly referred to the proceeding in the judge’s chambers on March 2nd.

Next, the Assistant State’s Attorney representing the State at the October 2005 hearing said that he had spoken with the original prosecutor “this week” and that the original prosecutor had no “strong recollection” of the plea agreement and that his recollection “was unclear.” The trial judge also [350]*350disclosed that he had talked to the original prosecuting attorney and that

“I suggested to him that his input was important from the State’s perspective. That’s all I recall talking to him about it. I didn’t go into specifics at all.”

Defense counsel responded that the testimony or an affidavit from the original prosecuting attorney should be obtained, and that it would be “wise to have alternate counsel who will represent Mr. Strickland, and they may see fit to call me and elicit testimony.” Defense counsel then alluded to the trial judge’s having previously disclosed to counsel for both sides that the judge had on some prior occasions spoken with the father of the homicide victim in the case, and that the father had, in the judge’s words, “taken an active role on various victims’ rights issues since this case.” In light of the factual dispute over the terms of the plea agreement, the trial judge’s ex parte conversation with the original prosecuting attorney, and the trial judge’s contacts with the decedent’s father, defense counsel made a motion that the trial judge recuse himself and have another judge rule on the motion to modify Strickland’s sentence.

The Assistant State’s attorney replied that, in his view, there was no reason to elicit the testimony of the original prosecuting attorney because the nature of the plea agreement was set forth in the transcript of the sentencing on March 3,1998.

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Strickland v. State
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Cite This Page — Counsel Stack

Bluebook (online)
965 A.2d 887, 407 Md. 344, 2009 Md. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-state-md-2009.