State v. Weaver

Gilbert, C. J., delivered the opinion of the Court. A stet in Maryland is a method of placing an indictment or criminal information in a state of suspended animation into which new vitality may be breathed through either prosecutorial or defense resuscitation. The "stet” as used in this State appears to be unique, in name, if not as to usage. See generally State v. Jones, 18 Md. App. 11, 32-37 , 305 A.2d 177 (1973).

"The entry of a stet simply means that the State will not proceed against an accused on that indictment at that time.” Smith v. State, 16 Md. App. 317, 323 , 295 A.2d 802 (1972). Unlike a nolle prosequi, which may be used by a State’s Attorney in his or her discretion to terminate a prosecution, with or without the consent of the accused, a stet may not be entered over the objection of a defendant. Md. Rule 782c provides in pertinent part: "c. Disposition by Stet.

Upon motion of the State’s Attorney, the court may indefinitely postpone trial upon a charging document by marking the case 'stet’ on the docket. The defendant need not be present when a case is stetted in which event the clerk shall send notice of the stet to the defendant, if his whereabouts are known, and to his counsel of record. The case may not be stetted over the objection of the defendant. A stetted case may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.” (Emphasis supplied.) In the instant case, Junith Anyslen Weaver was charged with robbery with a dangerous and deadly weapon.

Md. Ann. Code art. 27, § 36B. The State charged Weaver in a separate criminal information for each of four robberies. ⁷³⁰ Weaver’s counsel entered his appearance on April 10, 1981, 1 and trial was set for June 16, 1981. It was, however, postponed because Weaver had not been transported from the Howard County Jail, where he was incarcerated, to the Circuit Court for Baltimore County for trial. A second trial date was set for September 2, 1981, but it, too, was postponed, the reason being that no jury was available.

A third trial was set for October 1, 1981, at which time only two cases of the four were tried. The other two informations were not called to trial at that time. On Friday, October 2, 1981, the second day of trial, the jury found Weaver to be guilty of the offenses charged in Criminal Information numbers 73213 and 73215. At the conclusion of the matter, at apparently about 4 p.m., the following occurred, according to the "excerpt” supplied by the State: "THE COURT: Now, you have explained that he has to file a petition for that?

MR. CARDIN: Yes, That must be done within 90 days of today’s date to his Honor, Judge Brizendine; you understand that? THE DEFENDANT: Yeah. THE COURT: All right.

MR. SMITH: Your Honor, with respect to the two remaining cases, Case Number 73212 and 73214, I’d move to place those on the stet docket. THE COURT: Very well. (Conclusion of excerpt and proceedings.)” "[AJbout forty-five minutes after the court recessed,” defense counsel explained to Weaver the effect of a stet.

Weaver instructed his counsel that he would not accept it. Counsel then communicated that fact to the prosecutor. ⁷³¹ On the next working day, Monday, October 5, 1981, the State removed the two cases from the "stet docket.” Three days later, the assignment officer of the circuit court set the case