State v. Smith

Per Curiam. At a hearing in the Circuit Court for Prince George’s County on 16 June 1975, Judge William B. Bowie granted appellee’s motion to dismiss Indictment No. 14,584 on the ground that appellee had been denied his constitutional right to a speedy trial. In so doing, Judge Bowie commented, “I can’t conceive of a more worthy petition that could be filed to dismiss for lack of speedy trial than this case”. After our own “independent constitutional appraisal” (Epps v. State, 276 Md. 96, 109 (1975)), we completely agree.

We also agree with the State’s comment to Judge Bowie at the hearing that the events leading up to the dismissal were “a rather complicated maze of circumstances”. From the record before us, briefs and oral arguments, we glean from this “maze” the essential facts set forth below. I On 9 November 1971, the appellee, William Jerome Smith, was charged by Indictment No. 11,877 with armed robbery. The crime occurred on 14 July 1971 at a Safeway Store in Prince George’s County.

There were three victims, all employees of the Safeway Store: Marshall Howell, Milda C. Parker and William L. Savoy. Indictment No. 11,877 charged Smith with robbing only the first victim, Marshall Howell. The State explained at the hearing below: “[Indictment No.] 11,877 is the same case as [Indictment No.] 14,584. The same victims are listed in the police report, the same victims were known to all the parties.

The State’s Attorney’s Office at that particular time apparently had the policy of indicting on only one victim. Of course, that has proven not to be a very wise way to work it”. (Emphasis added.) At the time of his indictment (No. 11,877), Smith was incarcerated in the District of Columbia on unrelated charges arising from crimes committed in that jurisdiction. The State attempted to extradite Smith, but extradition was ³³⁰ denied on 12 April 1972.

The State appealed from that decision on 24 April 1972, but withdrew the appeal on 5 June 1972. Despite the denial of extradition, the State was able to obtain Smith’s presence in Prince George’s County for arraignment on 22 November 1972. 1 In January 1973, Smith was transferred to the Federal Penal Facility at Ashland, Kentucky, where he remained until May of 1974, a period of 15 months. In May 1974, pursuant to a writ of habeas corpus ad prosequendum, Smith was brought back to Maryland where he remained incarcerated in the Prince George’s County Detention Center until 16 June 1975, a period of more than a year — with the exception of a return to the federal authorities for approximately one month. On 20 May 1974, Smith’s motion to dismiss Indictment No. 11,877 for lack of a speedy trial was denied by Judge Robert B. Mathias with the proviso that the case be tried within 30 days.

Nine days later, on 29 May 1974, the State obtained Indictment No. against Smith. This indictment was the same in all respects as No. 11,877 except that it named Milda C. Parker and William L. Savoy as victims instead of Marshall Howell. Howell was then no longer a resident of Maryland and the State considered it doubtful that he would be available for trial. Both indictments were scheduled for trial on 3 July 1974, but because of a mix-up in the Public Defender’s Office, Smith appeared on the day of trial without counsel and the State’s motion to