Cole v. State

Thompson, J., delivered the opinion of the Court. The sole question presented in this appeal is: Did the trial judge abuse his discretion in denying appellant’s request to withdraw his waiver of a jury trial? We hold the discretion was abused. After a bench trial, appellant, Carl Maurice Cole, was convicted of armed robbery by the Circuit Court for Anne Arundel County and sentenced to a term of fifteen years.

Immediately prior to the trial and after some dis ³⁸¹ cussion of the rules hereinafter set forth the following colloquy occurred: “COURT: Well, that would be he would have to show good cause. “MR. NADITCH: Yes, sir. “COURT: He was in here yesterday, he entered a plea of guilty, and then he decided he didn’t want to enter a plea of guilty and he was given an opportunity to change that. There were witnesses here. They were all sent home.

He asked for a Court trial, he was questioned about it and now he comes back in here this morning after we get the witnesses back again and he’s changed his mind again. He’ll have to show good cause as to why he should be allowed to have a jury trial at this date. “MR. STACK: Well, the only cause, your Honor, we could show is that we feel that we could get the best defense possible in front of a jury, and- “COURT: The best defense? It just depends on what you are going to put up, not what your defense — the defense is put up by the defendant and his witnesses, not put up by the jury. “MR.

STACK: The Court’s ruling will stand, then? “COURT: Yes. “MR. STACK: We will take exception to that ruling. “COURT: You may. Call your witness.” Md. Rule 741 provides as follows: “An accused may waive a jury trial and elect to be tried by the court. If an accused elects to be tried by the court the State may not elect a jury trial.

An election to be tried by the court must be made before any evidence in the trial on the merits is taken unless otherwise provided by local rule of court.” ³⁸² The Rules for the Fifth Judicial Circuit provide as follows: “Rule 702, Arraignment and Jury Election a. Election by Defendant At the time of arraignment under Maryland Rule 719, or within fifteen days thereafter, the Defendant shall elect whether or not a jury trial is desired. If no election is made within that time, it shall be presumed that the accused waives his right to a jury trial and elects to have the case tried by the Court. Thereafter, the case shall be assigned for trial in accordance with this election. b.

Change in Election However, having regard to the status of the case with respect to assignment for trial, the Court may, in its discretion and for good cause shown, permit the accused to change his election as to the manner in which the case will be tried.” It appears the trial judge, under the peculiar facts of the case, insisted on too technical compliance with the local rule and precluded the appellant’s counsel from stating good cause under the rule when he interrupted counsel after he had indicated appellant wanted a jury trial because he thought his chances of acquittal, or obtaining a verdict under a lesser count in the indictment, would be better before a jury than before a judge. What other good cause, if any, could be shown we do not know, but it is apparent his opportunity to