Pennington v. State

RODOWSKY, Judge, dissenting: I respectfully dissent. The only reason for a remand is to determine if “there was a violation of § 591 and Rule 746 requiring the sanction of dismissal. . . . ” Because I do not believe dismissal should be the sanction, as explained in my dissenting opinion in Calhoun v. State, 299 Md. 1 , 472 A.2d 436 (1984), there is no purpose in remanding. Any inquiry into the reasons for delay is an administrative matter. The relevant relationship is that between the Chief Judge of this Court, as administrative head of the Maryland Court system, and the administrative and other judges of the court where the delay occurred.

The delay has nothing to do with the guilt or innocence of the accused or with any ³² constitutional right of the accused, so that inquiry into the reason for delay need not be made on the record in the criminal case.