Moguel v. State

MARJORIE L. CLAGETT, Judge, specially assigned. In 1983, appellant, Guy Emerson Moguel, was indicted on charges of possession with intent to distribute marijuana, possession of marijuana, and possession of paraphernalia. On March 4, 1984, in the Circuit Court for Harford County, appellant pled guilty to possession with intent to distribute marijuana. Appellant was sentenced on May 24, 1984, to ninety days’ incarceration, with credit for fifteen days time served.

On February 28, 2007, appellant filed a Petition for Writ of Error Coram Nobis, alleging that his guilty plea was invalid because neither his counsel nor the court informed him of the potential immigration consequences to him as a resident alien. The State filed an Answer to the Petition for a Writ of Error Coram Nobis, claiming that the Petition was barred by the doctrine of laches. On June 25, 2007, a hearing on the Petition and the State’s Answer was held, and the Answer was treated as a motion to dismiss. As agreed upon by the parties, the hearing was limited to the matter of the Petition’s timeliness.

In an order entered on September 20, 2007, the circuit court (Marshall, J.) dismissed appellant’s Petition, finding the Petition was barred by the doctrine of laches. Appellant timely noted this appeal and presents the following questions: I. Whether the trial court incorrectly applied the doctrine of laches to the Petition for Writ of Error Coram Nobis.

II

Whether the dismissal of the Petition for Writ of Error Coram Nobis without providing an opportunity to present evidence on the merits was error. Facts and Procedural History Moguel, emigrated from Belize to the United States in 1970. On July 26, 1983, appellant was indicted on charges of posses ⁴⁶⁹ sion with intent to distribute marijuana, possession of marijuana, and possession of paraphernalia. He pled guilty on March 4, 1984, to possession with intent to distribute marijuana.

As noted, he was sentenced on May 24, 1984, to ninety days with credit for fifteen days time served. At the time of his plea, it is alleged that neither appellant’s counsel nor the circuit court informed appellant of the possible immigration consequences he could face as a resident alien if he were to plead guilty. Appellant did not appeal his plea or sentence and took no action to challenge the validity of his plea until he filed a Petition for Writ of Error Coram Nobis on February 28, 2007. The Petition alleged that appellant’s guilty plea was invalid on the grounds of ineffective assistance of counsel, due to his attorney’s failure to inform him of potential immigration consequences he could be subjected to if he were to plead guilty.

Further, appellant alleged that the circuit court did not advise him of potential immigration consequences. Appellant maintained that, had he been advised of these consequences, he would not have pled guilty. The State’s Answer to the Petition for a Writ of Error Coram Nobis was filed March 26, 2007, and claimed that the Petition was barred by the doctrine of laches. Appellant’s Petition was amended on May 22, 2007 to allege that the Petition was not barred by the doctrine of laches.

A hearing was held on June 25, 2007, and the circuit court treated the State’s Answer as a motion to dismiss. As agreed upon by the parties, the hearing was limited to the matter of the Petition’s timeliness. At the hearing, the State argued that the delay in appellant’s challenge of his conviction would prevent the State from defending the validity of the plea. The State contended that, due to appellant’s inaction, the transcript and the court reporter’s notes from the plea hearing were unavailable.

No transcript had ever been ordered in the case, and the court reporter’s notes, which were preserved for twelve years after a hearing, had been destroyed. The State also argued that, even if appellant had not been advised of the impact of his plea ⁴⁷⁰ and conviction on his immigration status, he suffered no prejudice, because no action in twenty-three years regarding his immigration status had been taken against appellant due to his conviction, and it was unlikely any action would be taken in the future. Appellant argued that the conviction not only subjected him to deportation, but it also prevented him from obtaining a passport to travel to and from the Caribbean. Also, appellant learned, when he was attempting a trip to his native country, Belize, that he could be prevented from returning to the United States due to his criminal record.

Appellant submitted that he intended to call his trial counsel from 1984, who would testify that he never informed appellant about the immigration consequences of a plea and conviction. The circuit court noted that the trial judge who heard appellant’s 1984 plea and sentencing was unavailable to testify. On September 20, 2007, the circuit court issued a memorandum opinion and order, which found that the Petition was barred by the doctrine of laches, citing the inexcusable delay of twenty-three years and the fact that the State would be prejudiced by the lack of transcript and its inability to rebut appellant’s claim. The court also addressed the merits of appellant’s Petition and opined that it was unlikely a claim of ineffective assistance of counsel would prevail, since Maryland Rule 4-242(e), which provides that a defendant who is not a United States citizen should be advised of the potential collateral consequences of his plea, did not go into effect until fifteen years after appellant’s 1984 plea.

Further, the failure to advise a defendant of immigration consequences is not dispositive of an invalid plea, even with the application of Rule 4-242(e). Also, the circuit court found that appellant’s potential alleged immigration consequences were speculative at best. Analysis I. Appellant does not challenge the circuit court’s findings; he simply asserts that the doctrine of laches does not apply to ⁴⁷¹ petitions for writs of error coram nobis, and, therefore, the lower court erred in dismissing appellant’s Petition on this ground. Appellant contends that, because the doctrine of laches does not apply to petitions under the Maryland Uniform Post Conviction Procedure Act (UPPA), the doctrine of laches should not apply to writs of error coram nobis.

Appellant relies on two cases, Skok v. State, 361 Md. 52 , 760 A.2d 647 (2000), and Creighton v. State, 87 Md.App. 736 , 591 A.2d 561 (1991), to support this contention. In Skok v. State, the Court of Appeals applied certain principles of the UPPA to a petition for writ of error coram nobis, stating “the same body of law concerning waiver and final litigation of an issue, which is applicable under the Maryland Post Conviction Procedure Act, Code (1957, 1996 Repl.Vol., 1999 Supp.), Art. 27, § 645A (b) through (d), shall be applicable to a coram nobis proceeding challenging a criminal conviction.” Skok v. State, 361 Md. at 79 , 760 A.2d at 662 . In Creighton, supra, this Court held that the defense of laches does not apply to petitions under the UPPA. 87 Md.App. at 744-746 , 591 A.2d at 565-566 . Appellant concludes that since the Court of Appeals’ holding in Skok equated principles of waiver and final litigation under the UPPA to petitions for writs of error coram nobis, and the Court in Creighton held that petitions under the UPPA are not barred by laches, then it follows that petitions for writs of error coram nobis are not barred by laches.

We disagree. The analogy appellant attempts to forge between a petition for writ of error coram nobis and the UPPA is flawed. In Skok , the Court of Appeals paralleled only the principles of waiver and final litigation of the UPPA to petitions for writs of error coram nobis. The Court of Appeals’ application of these narrow principles to the coram nobis petitions does not render every principle of a post-conviction proceeding applicable to writs of error coram nobis.

We hold that the doctrine of laches is a defense to a petition for writ of error coram nobis action filed for the purpose of challenging a criminal conviction. A writ of error coram nobis is an equitable action originating in common law ⁴⁷² and is still available as an action in Maryland. One of the earliest coram nobis cases in Maryland is Hawkins v. Bowie, 9 G. & J. 428 (1838), which held that writs of error coram nobis were for the purpose of correcting errors of fact. This was later developed in Madison v. State, 205 Md. 425, 432 , 109 A.2d 96, 99 (1954): At common law the ancient writ of error coram nobis has been available to correct errors of fact.

It has been allowed, without limitation of time, for facts affecting the validity and regularity of the judgment, and has been used in both civil and criminal cases. While the occasions for its use have been infrequent, no one has doubted its availability. It is still available in Maryland in both civil and criminal cases. In Ruby v. State, 353 Md. 100 , 724 A.2d 673 (1999), the Court of Appeals stated: “At common law, a proceeding on a writ of error coram nobis was a civil matter procedurally independent of the underlying judgment being contested,” Id. at 107 , 724 A.2d at 677 .

The Court added that “a writ of error coram nobis remains a civil matter in Maryland, independent of the underlying action from which it arose.” Id. at 111 , 724 A.2d at 678-679 . Hawkins and Madison only addressed coram nobis actions challenging judgments based on errors of fact, and Skok expanded the writs to permit challenges to criminal convictions based on errors of law. Further, Skok held that “grounds for challenging the criminal conviction must be of a constitutional, jurisdictional or fundamental character,” 361 Md. at 78 , 760 A.2d at 661 (citing United States v. Morgan, 346 U.S. 502, 512 , 74 S.Ct. 247 , 98 L.Ed. 248 (1954)). The Skok Court also held that, to succeed on a petition for writ of error coram nobis, “the coram nobis petitioner must be suffering or facing significant collateral consequences from the conviction.” 361 Md. at 79 , 760 A.2d at 661 .

Six years after Skok , Maryland Rule 15-1201 et seq. came into effect, codifying the procedure for petitioning for a writ of error coram nobis in the context of challenging criminal convictions. The Rules provide that the petition must include, inter alia, “the ⁴⁷³ allegations of error upon which the petition is based,” and the “significant collateral consequences that resulted from the challenged conviction.” Md. Rule 15-1202(D), 15-1202(F). As the State accurately describes, a court’s ability to grant a writ of error coram nobis arises out of the court’s equity jurisdiction. See Keane v. State, 164 Md. 685, 689 , 166 A. 410, 411 (1933).

The State argues that, because a petition for writ of error coram nobis is an equitable action, the equitable defense of laches should apply. The State also asserts that the doctrine of laches applies to coram nobis actions attacking civil judgments, and thus laches should apply to coram nobis actions attacking criminal convictions. Maryland Rule 15-1201 et seq., does not provide for a statute of limitations on petitions for writs of error coram nobis, but Maryland Rule 2-323(g) lists laches as an affirmative defense in civil proceedings. The defense of laches in civil actions generally can be asserted by a party or invoked by the court on its own initiative.

Here, the State, through its Answer, properly asserted the doctrine of laches as a defense to appellant’s Petition. The Court of Appeals in Kemp v. Cook, 18 Md. 130 (1861), and in Brothers v. Tilken, 236 Md. 267 , 203 A.2d 702 (1964), applied the doctrine of laches to coram nobis petitions. These cases involved challenges to civil judgments, but the State maintains that the application of laches did not turn on the civil nature of the underlying judgments. Both Kemp and Brothers dealt with judgments entered against minors lacking guardians.

The minors did not challenge these judgments until after they became adults — in Kemp , the petitioner waited nine years after the judgment, and in Brothers , the petitioner waited five years. Relying on Kemp , the Court of Appeals in Brothers stated that the party seeking to strike out a judgment must “show that he or she has acted in good faith and with reasonable diligence. If the party knowingly acquiesces in the judgment or has been guilty of laches or unreasonable delay in seeking his or her remedy, relief will be denied.” Brothers v. Tilken, 236 Md. at 270 , 203 A.2d at 703 . Neither ⁴⁷⁴ Kemp nor Brothers limited the application of the doctrine of laches to only those coram nobis actions challenging civil judgments.

Despite there being no definitive Maryland case law resolving the issue as to whether the doctrine of laches applies to petitions for writs of error coram nobis attacking criminal convictions, the application of the doctrine of laches to criminal convictions has been alluded to in either dissent or dicta. In Holmes v. State, 401 Md. 429 , 932 A.2d 698 (2007), Judge Raker, joined by Chief Judge Bell and Judge Greene, stated in dissent: It appears to be the common law rule that there was no time limitation within which to file a petition for a writ of coram nobis, except perhaps laches ... [T]he right to file for coram nobis relief is not unlimited. * * * Laches is a valuable tool for the trial judge in evaluating a petition for coram nobis ... [I]t can prevent the government from being unfairly prejudiced by evidentiary destruction resulting from long, unexcused delay. Unlike waiver, it allows the trial court to consider both the prejudice to the government and the reasons for delay. In balancing the two factors, the trial court has more flexibility to allow writs of coram nobis to