WATTS, J.
We decide: (I) whether a circuit court judge other than a county administrative judge or that judge's designee may deny a motion to postpone; (II.A) whether a trial court abuses its discretion in denying a motion to postpone to obtain counsel because the trial court does not ask questions of a self-represented defendant who has
We hold that: (I) any circuit court judge may deny a motion to postpone; (II.A) a trial court does not abuse its discretion in denying a motion to postpone to obtain counsel because the trial court does not ask questions of a self-represented defendant who has expressly waived the right to counsel after being advised of the right to counsel under Maryland Rule 4-215(b); (II.B) here, the trial court did not abuse its discretion in denying the motion to postpone to review discovery materials because the defendant alleged that, within the previous week, the State had provided him with discovery materials; and (III) here, the defendant's constitutional right to a speedy trial was not violated.
On October 8, 2008, law enforcement arrested Gregory Howard ("Howard"), Petitioner. The State, Respondent, charged Howard with first-degree rape and other crimes. On December 2, 2008, Howard was arraigned in the Circuit Court for Baltimore City ("the circuit court"), which scheduled trial for February 23, 2009.
Thereafter, the circuit court postponed trial eight times; Howard requested, either jointly with the State or separately, five of the postponements. On February 23, 2009, the circuit court granted a jointly-requested postponement, for which the circuit court charged both parties because the State had just provided discovery materials to Howard's counsel, who needed time to investigate. On May 5, 2009, the circuit court granted a State-requested postponement, for which the circuit court charged the State because Howard's counsel had not yet received DNA test results; on that date, in the circuit court, Howard stated: "[T]hey took my DNA four times." On August 11, 2009, the circuit court granted a jointly-requested postponement, for which the circuit court did not charge either party because Howard's counsel was awaiting her expert's analysis of the DNA test results. On November 4, 2009, the circuit court granted a State-requested postponement, for which the circuit court charged the State because a State's witness was unavailable.
On December 17, 2009, on his own behalf, Howard filed in the circuit court the first of multiple motions to dismiss for violation of his right to a speedy trial.
On January 21, 2011, the circuit court made certain that Howard had received a copy of the charging document containing notice as to the right to counsel; informed Howard of the right to counsel and the importance of assistance of counsel; and ensured that Howard was aware of the allowable penalties for the charges. Afterward, Howard expressly waived the right to counsel. On January 24, 2011, the circuit court denied the motions to dismiss for violation of Howard's right to a speedy trial.
On January 26, 2011, Howard appeared before the trial judge, who was not the circuit court's administrative judge or that judge's designee. Howard requested a postponement and requested the appointment of counsel, alleging that, within the previous week, the State had provided him with discovery materials. The trial judge denied the request for a postponement and the request for the appointment of counsel.
On January 31, 2011, trial began. A jury convicted Howard of first-degree rape and first-degree sexual offense. Howard appealed, and the Court of Special Appeals affirmed in an unreported opinion. Howard filed a petition for a writ of certiorari, which this Court granted. See Howard v. State, 435 Md. 266, 77 A.3d 1084 (2013).
Howard contends that the trial judge lacked the authority to deny the motion to postpone because only a county administrative judge or that judge's designee may deny a motion to postpone.
An appellate court reviews without deference a trial court's interpretation of a statute or a Maryland Rule. See Lowery v. State, 430 Md. 477, 487, 61 A.3d 794, 800 (2013) ("[W]e review a trial court's interpretation of a statute through a non-deferential prism." (Citations and internal quotation marks omitted)); Fuster v. State,
In interpreting a statute or a Maryland Rule, a court first considers the statute's or Maryland Rule's language, which the court applies if the statute's or Maryland Rule's language "is unambiguous and clearly consistent with the statute's [or Maryland Rule's] apparent purpose[.]" State v. Weems, 429 Md. 329, 337, 55 A.3d 921, 926 (2012) (citation omitted); Fuster, 437 Md. at 664, 89 A.3d at 1120 ("A court interprets a Maryland Rule by using the same canons of construction that the court uses to interpret a statute." (Citation omitted)).
CP § 6-103(b)(1) states: "For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court[.]" Maryland Rule 4-271(a)(1) states: "[F]or good cause shown, the county administrative judge or that judge's designee may grant a change of a circuit court trial date." CP § 6-103(b)(2) states: "If a circuit court trial date is changed ..., any subsequent changes of the trial date may only be made by the county administrative judge or that judge's designee for good cause shown." Maryland Rule 4-271(a)(1) states: "If a circuit court trial date is changed, any subsequent changes of the trial date may be made only by the county administrative judge or that judge's designee for good cause shown."
In Jones v. State, 403 Md. 267, 302, 941 A.2d 1082, 1102 (2008), this Court held that two circuit court judges "properly exercised their respective discretion ... to deny [a defendant] a postponement of his trial." The defendant made a motion to postpone, which a county administrative judge's designee denied. See id. at 282-83, 285, 941 A.2d at 1091, 1092. On "the same day[,]" the defendant appeared before another circuit court judge, before whom the defendant "asked that he be sent back to" the county administrative judge's designee. Id. at 285-86, 941 A.2d at 1093. The circuit court judge stated: "I will consider that motion to be renewed and denied again[.]" Id. at 301, 941 A.2d at 1102. This Court concluded: "While it was within [the circuit court judge]'s discretion to send [the defendant] back to [the county administrative judge's designee], he was not duty-bound to do so on the facts of this case." Id. at 301, 941 A.2d at 1102.
Here, we unequivocally conclude that any circuit court judge may deny a motion to postpone in a criminal case. Since before CP § 6-103(b)'s and Maryland Rule 4-271(a)(1)'s predecessors
The plain language of CP § 6-103(b), Maryland Rule 4-271(a)(1), and
Howard mischaracterizes Jones in contending that, in Jones, id. at 301-02, 941 A.2d at 1101-02, this Court held only that the circuit court judge did not abuse his discretion in declining the defendant's request to return to the administrative judge's designee. The circuit court judge explicitly treated the defendant's request as a "renewed" motion to postpone, which the circuit court judge denied. Id. at 301,
Permitting any circuit court judge to deny a motion to postpone fulfills CP § 6-103's and Maryland Rule 4-271's purpose, which is "to further society's interest in the prompt disposition of criminal trials[.]" State v. Frazier, 298 Md. 422, 456, 470 A.2d 1269, 1287 (1984) (footnote omitted).
We reject Howard's contentions that: (1) CP § 6-103's and Maryland Rule 4-271's purpose is fulfilled by limiting the authority to deny motions to postpone, resulting in greater consistency among denials of motions to postpone; and (2) our holding diminishes the authority of a county administrative judge or that judge's designee, as a denial of a motion to postpone affects a circuit court's schedule "just as much as a grant" of a motion to postpone. In our view, CP § 6-103(b) and Maryland Rule 4-271(a)(1) were intended to create consistency as to the grant of a motion to postpone, as the grant of a motion to postpone requires "the expertise, the knowledge as to the state of the docket, and the responsibility of the administrative judge[.]" Dorsey, 114 Md.App. at 694, 691 A.2d at 738. By contrast, a denial of a motion to postpone requires no such expertise, knowledge, or responsibility, as a denial of a motion to postpone maintains the scheduled trial date — which a county administrative judge or that judge's designee assigned in the first place.
Moreover, Howard's interpretation would frustrate CP § 6-103's and Maryland Rule 4-271's primary purpose, which is "to further society's interest in the prompt disposition of criminal trials[.]" Frazier, 298 Md. at 456, 470 A.2d at 1287 (footnote omitted). Under Howard's interpretation, a circuit court judge would needlessly delay trials by referring every motion to postpone, no matter how belated or frivolous, to a county administrative judge or that judge's designee. Cf. Jones, 403 Md. at 302, 301, 941 A.2d at 1102, 1101 (This Court held that a circuit court judge — who was neither a county administrative judge nor that judge's designee — "properly exercised [his] discretion ... to deny [the defendant] a postponement of his trial" where, on the day on which trial was scheduled to begin, the defendant moved to postpone to obtain counsel; the defendant "had many opportunities to secure counsel prior to the day of trial, but knowingly waived those opportunities despite the solicitous suggestions by various judges that he would be better off with legal representation." (Citation omitted)).
We are unpersuaded by Howard's reliance on isolated quotations from cases in
As Howard points out, under our holding, where a circuit court judge refrains from denying a motion to postpone, the circuit court judge will refer the motion to postpone to a county administrative judge or that judge's designee, who will rule on the motion to postpone. In short, neither the plain language nor the purpose of CP § 6-103 and Maryland Rule 4-271 confers on a defendant the right to have a motion to postpone considered only by a county administrative judge or that judge's designee. See CP § 6-103(b)(1) ("For good cause shown, the county administrative judge or a designee of the judge may grant a change of the trial date in a circuit court[.]"); CP § 6-103(b)(2) ("If a circuit court trial date is changed ..., any subsequent changes of the trial date may only be made by the county administrative judge or that judge's designee for good cause shown."); see also Md. R. 4-271(a)(1).
For the above reasons, any circuit court judge may deny a motion to postpone.
Howard contends that the trial judge abused his discretion in denying the motion to postpone to obtain counsel because the trial judge did not ask him any questions. Alternatively, Howard argues that the trial judge abused his discretion in denying the motion to postpone to review discovery materials because he alleged that, within the previous week, the State had provided him with discovery materials. The State responds that the trial judge did
An appellate court reviews for abuse of discretion a trial court's ruling on a motion to postpone. See Ware v. State, 360 Md. 650, 706, 759 A.2d 764, 794 (2000), cert. denied, 531 U.S. 1115, 121 S.Ct. 864, 148 L.Ed.2d 776 (2001) ("[T]he decision whether to grant a postponement is within the sound discretion of the trial judge." (Citations omitted)).
"After there has been an express waiver [of the right to counsel], no postponement of a scheduled trial or hearing date will be granted to obtain counsel unless the court finds it is in the interest of justice to do so." Md. R. 4-215(b). This Court has declined to "place limiting factors on the exercise of broad discretion `in the interest of justice[,]'" and instead has stated that the meaning of "the interest of justice" varies depending on each case's "unique circumstances." Jones, 403 Md. at 294, 941 A.2d at 1097-98 (citation and footnote omitted).
Here, we conclude that a trial court does not abuse its discretion in denying a motion to postpone to obtain counsel because the trial court does not ask questions of a self-represented defendant who has expressly waived the right to counsel after being advised of the right to counsel under Maryland Rule 4-215(b) (Express Waiver of Counsel). Aside from relying on the right to counsel under the Sixth Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, Howard offers no constitutional provision, statute, Maryland Rule, or holding of this Court — and we know of none — under which a trial court is required to question a self-represented defendant who has expressly waived the right to counsel before the trial court denies a motion to postpone to obtain counsel. Certainly, Maryland Rule 4-215(b) lacks such a requirement.
We reject Howard's contention that, under Jones, 403 Md. 267, 941 A.2d 1082, before denying a motion to postpone to obtain counsel, a trial court is required to question a self-represented defendant who has expressly waived the right to counsel. In Jones, id. at 300, 272, 941 A.2d at 1101, 1085, this Court held that a trial court did not abuse its discretion in denying a self-represented defendant's motion to postpone to obtain counsel after the defendant expressly waived the right to counsel. The trial court "questioned [the defendant] extensively about both [a] discovery issue and the need for an attorney." Id. at 299, 941 A.2d at 1101. Nowhere in Jones did this Court state that a trial court abuses its discretion in denying a motion to postpone to obtain counsel because the trial court does not ask any questions of a self-represented defendant who has previously expressly waived the right to counsel. Indeed, in Jones, id. at 300, 941 A.2d at 1101, this Court simply stated: "We find it preferable that [] a [trial court] review all relevant and available facts when determining whether to grant or deny a postponement." (Emphasis in original).
Here, in accepting Howard's waiver of the right to counsel, the circuit court complied with Maryland Rule 4-215. The circuit court made certain that Howard had received a copy of the charging document containing notice as to the right to counsel; informed Howard of the right to counsel and the importance of assistance of counsel; and ensured that Howard was aware of the allowable penalties for the charges. Afterward, Howard expressly waived the right to counsel. Given that Howard had been properly advised of the right to counsel under Maryland Rule 4-215(b), the circuit court was under no obligation to question Howard further as to his desire to obtain counsel five days later.
Here, we conclude that the trial judge did not abuse his discretion in denying the motion to postpone because Howard alleged that, within the previous week, the State had provided him with discovery materials.
In short, after discharging two lawyers and expressly waiving the right to counsel, Howard requested a postponement. Howard contends that the request for a postponement was based, in part, on his desire to review discovery materials. The State argues that Howard's request for a postponement was limited to a request for counsel.
Without addressing the accuracy of Howard's contention, we conclude that the circuit court did not abuse its discretion in denying Howard's postponement request under either circumstance. As Howard's counsel conceded at oral argument, the State complied with Maryland Rule 4-263 (Discovery in Circuit Court). The trial judge found that the State timely provided discovery to Howard's counsel. As the State points out, Maryland Rule 4-263 does not require the State to reissue discovery materials to a self-represented defendant who has discharged counsel. By way of comparison, we observe that a trial court is under no obligation to grant a
The record indicates that, far in advance of January 26, 2011 (the date on which Howard moved to postpone), Howard was on notice of this case's complexity and seriousness. On December 2, 2008, Howard was arraigned in the circuit court. At that time, Howard would have been advised of the nature of the charges pending against him — first-degree rape and first-degree sexual offense-and of the maximum penalty — imprisonment for life. On May 5, 2009, in the circuit court, Howard stated: "[T]hey took my DNA four times." Clearly, as of May 5, 2009, Howard knew that this case involved DNA evidence. On October 27, 2010 (the date on which Howard discharged his second lawyer), the circuit court again advised Howard that the maximum penalty for first-degree rape and first-degree sexual offense was imprisonment for life. Thus, Howard was again made aware that he faced extremely serious charges.
The record indicates that Howard was also made aware that discharging his second lawyer carried serious consequences. On October 27, 2010, the circuit court informed Howard of the importance of assistance of counsel, and informed Howard that trial would proceed as scheduled with Howard unrepresented by counsel if Howard discharged counsel and did not obtain new counsel. Thus, Howard knowingly and voluntarily decided to discharge his second lawyer even though he was aware that his case involved complex DNA evidence and that he could be convicted of an offense with a maximum penalty of imprisonment for life.
We find no merit in Howard's contention that the trial judge erred in failing to expressly find that a postponement would not have been in the interest of justice. In denying Howard's motion to postpone, the trial judge observed that the case was "old," that Howard had moved to dismiss for violation of his right to a speedy trial, that discovery had been provided to Howard's counsel, and that the court was "not unconvinced" that Howard had not been "privy" to discovery, but that this was a consequence that Howard faced by discharging his lawyer. The trial judge also noted that Howard had discharged two lawyers. Although the trial judge did not state that it considered whether granting the postponement was in the interest of justice, the trial judge took into account factors such as the age of the case, motions to dismiss, and Howard's discharge of counsel. Hence, the trial judge considered this case's unique circumstances and denied the postponement request.
Howard contends that his constitutional right to a speedy trial was violated because of the length of the delay, the reasons for the delay, his assertion of his right, and presumed prejudice to him. The State responds that Howard's constitutional right to a speedy trial was not violated because of the neutral reasons for the delay and the lack of actual prejudice to Howard.
An appellate court reviews without deference a trial court's conclusion as to whether a defendant's constitutional right to a speedy trial was violated. See Glover v. State, 368 Md. 211, 220, 792 A.2d 1160, 1165 (2002) ("In reviewing the judgment on a motion to dismiss for violation of the constitutional right to a speedy trial, we make our own independent constitutional analysis." (Citations omitted)).
"In all criminal prosecutions, the accused shall enjoy the right to a speedy... trial[.]" U.S. Const. amend. VI;
In determining whether a defendant's constitutional right to a speedy trial was violated, a court considers the "[l]ength of [the] delay, the reason for the delay, the defendant's assertion of his [or her] right, and prejudice to the defendant." Vermont v. Brillon, 556 U.S. 81, 90, 129 S.Ct. 1283, 173 L.Ed.2d 231 (2009) (quoting Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)) (first alteration in original). None of these four factors alone establishes a violation of the right to a speedy trial; thus, a court considers the four factors "together[.]" Barker, 407 U.S. at 533, 92 S.Ct. 2182.
Here, we conclude that Howard's right to a speedy trial was not violated.
As to the length of the delay, Howard's trial began approximately twenty-eight months after Howard's arrest.
In the aggregate, the reasons for the delay are neutral. Howard caused 183 days of delay because he discharged his first lawyer and his second lawyer needed time to prepare.
As the State concedes, Howard "frequently and strongly asserted his right to a speedy trial" through motions filed on his own behalf.
Howard, however, does not allege that the delay caused him actual prejudice; and a review of the record demonstrates that the delay did not cause any actual prejudice. In his brief, Howard exclusively relies on "[t]he assumed inherent prejudice" and does not explicitly allege that he suffered "oppressive pretrial incarceration [or] anxiety and concern";
Weighing all four factors, we conclude that the lack of actual prejudice and the neutral reasons for the delay outweigh the length of the delay and Howard's assertion of his right to a speedy trial. Howard's constitutional right to a speedy trial was not violated.
This Court has also implicitly distinguished a grant of a motion to postpone from a denial of a motion to postpone. See State v. Hicks, 285 Md. 310, 317, 403 A.2d 356, 360 (1979) ("[T]he [General Assembly] expressed the will of the people (in [CP § 6-103]) by saying that the date established for the trial of a criminal case shall not be postponed except for extraordinary cause, and has denied all judges but the administrative head of the court authority to exercise even that curtailed power[.]" (Citation omitted)); Frazier, 298 Md. at 450, 470 A.2d at 1283 ("[T]he [General Assembly]... has denied all judges but the administrative head of the court authority to exercise ... [the postponement] power." (Ellipses and last alteration in original) (citation omitted)); Capers v. State, 317 Md. 513, 520-21, 565 A.2d 331, 334 (1989) (CP § 6-103 and Maryland Rule 4-271 "do not contemplate or permit the exercise of postponement authority by anyone other than one with the authority of an administrative judge."); Jones, 403 Md. at 287, 941 A.2d at 1093 ("[A] postponement would have been necessary ... only the County Administrative Judge (or his/her designee) was authorized to exercise that discretion." (Citation omitted)); id. at 295, 941 A.2d at 1098 ("Only a County Administrative Judge, or that judge's designee, may act on a postponement request[.]") (Citing Md. R. 4-271(a)(1)). To grant a motion to postpone is to "act on" the motion to postpone (or to "exercise postponement power/ discretion/ authority") by changing the trial date; by contrast, to deny a motion to postpone is to decline to "act on" the motion to postpone (or to decline to "exercise postponement power/ discretion/ authority") by declining to change the trial date.
