Wood v. State

WATTS, J. Following a trial from June 13, 2011, through June 16, 2011, a jury in the Circuit Court for Cecil County convicted Hubert Allen Wood, appellant, of first-degree murder. 1 See Md.Code Ann., Crim. Law Art. (“C.L.”) § 2-201 (first-degree murder). On August 24, 2011, the circuit court sentenced appellant to life imprisonment, with all but eighty years suspended. 2 Appellant noted an appeal raising five issues, which we quote: ²⁵⁴ Did the [circuit] court fail to comply with Maryland Rule 4-215(e)? I. Did the [circuit] court err in failing to determine, on evidence presented on the record, whether [a]ppellant was competent to stand trial?

II

Did the [circuit] court err in failing to instruct the jury on the defenses of legally adequate provocation and voluntary intoxication?

III

Is the evidence insufficient to sustain a conviction for first[-]degree murder?

IV

Did the [circuit] court err in excluding hearsay evidence that the victim identified persons other than [a]ppellant as those responsible for assaulting the victim shortly before he was killed? V. For the reasons set forth below, we answer each question in the negative. We, therefore, affirm the judgment of conviction. We remand the case to the circuit court, however, for the limited purpose of reimposition of the sentence followed by a period of probation in accordance with Criminal Procedure Article § 6-222.

FACTUAL AND PROCEDURAL BACKGROUND On February 17, 2010, Deputy Jesse Alexander of the Cecil County Sheriffs Office responded to a call reporting a death at 1720 East Old Philadelphia Road in Elkton, Cecil County, Maryland. Upon entering the residence located at 1720 East Old Philadelphia Road, Deputy Alexander found Daniel Cur-ran deceased. Dr. Zabiullah Ali, an assistant medical examin ²⁵⁵ er, performed an autopsy on Curran, and reported finding stab wounds to Curran’s head, neck, upper chest, hand, and leg. Dr. Ali determined that Curran died as a consequence of “multiple sharp force injuries” and that the manner of death was homicide.

On September 22, 2010, appellant was indicted in connection with Curran’s death. (1) Pretrial Proceedings (a) Appellant’s Counsel On October 13, 2010, Thomas E.L. Klenk, Assistant Public Defender, entered his appearance in the case on behalf of appellant. On April 17, 2011, appellant wrote a letter to the circuit court, stating, as follows: I am writing because I have been incarcerated since October 1, 2010 and still have[not] received a Discovery, which I know was filed [October 13, 2010, and] entered [October 15, 2010,] and the Motion complied back [January 21, 2011], with Rule 4-263. I[have] been having problems with my Defense Attorney Thomas Klenk and I believe he has[not] issued me [ ] my copy of the Discovery.

Please issue me a copy of this Discovery. On May 6, 2011, at a pretrial hearing, another attorney appeared in place of Klenk, and the following exchange occurred between appellant and the circuit court: [APPELLANT]: Your Honor, I have not been issued discovery. For seven months I have been incarcerated.... I’ve only seen my lawyer twice since I’ve been incarcerated the past seven months.

And to be honest with you, he hasn’t really—I don’t know how to say this. THE COURT: You don’t think he’s effectively representing you. [APPELLANT]: There we go, yes. THE COURT: Well, again, that’s something that you need to talk to [Klenk] about on Tuesday. [APPELLANT]: Well, I just want to know why I’ve been incarcerated. ²⁵⁶ THE COURT: Because you’re charged with first[-]degree murder. * * * [APPELLANT]: Right. But I don’t have any evidence shown towards me.

THE COURT: [Prosecutor], does the [S]tate have any evidence against this gentlem[a]n? [PROSECUTOR]: Oh, the [S]tate has overwhelming evidence against this gentleman.... [Discovery was provided to [Klenk] in December of 2010[.] ... [Discovery was f]airly extensive, your Honor, as you would imagine in a first-in a second[-]degree murder case. THE COURT: Yeah, I would. So it appears that the [S]tate has given the discovery to [Klenk]. Now if he hasn’t shared it with you you have to ask him why, [appellant], but I can’t answer that question.

Certainly if you don’t think he’s representing your interests you have the right to take a number of courses of action. You can keep him as your attorney. You can dismiss him as your attorney. But if [you do] that the public defender is not going to provide you with another lawyer.

So if you wanted to represent yourself—which, you know, we have a saying in the law, one who represents himself, even if that person’s an attorney, has a fool for a client. So if you have problems with Mr. Klenk’s representation of you, you can certainly address them by way of a letter to ... the district public defender.... And I would put your complaints in a letter [to the district public defender], after you share them with Mr. Klenk. I think you ought to give Mr. Klenk an opportunity to address your concerns first.

Maybe he has some plans for doing that. If you are not satisfied, then contact [the district public defender] and tell [the district public defender] what’s going on. Ask him to intervene for you. Does that make sense?

A VOICE: Yeah. THE COURT: Okay. So the matter is set in for next Tuesday. Hopefully Mr. Klenk, who is sick, will be well ²⁵⁷ enough to attend next week, and you will be able to talk to him about these matters; and you’ll be before a judge, [appellant].

If you want to address the court with regard to any of these concerns you can certainly do that. [APPELLANT]: Thank you. Klenk continued to represent appellant throughout pretrial hearings of May 10, 2011, May 20, 2011, and May 26, 2011, the trial, from June 13, 2011, through June 16, 2011, and at sentencing on August 24, 2011, and appellant did not raise an issue as to Klenk’s representation again. (b) Competency to Stand Trial On January 21, 2011, at a pretrial hearing, appellant’s counsel advised the circuit court that appellant's mother had informed him that appellant had “a history of some admissions in the hospitals[,]” which raised an issue he wanted to pursue. On January 28, 2011, appellant’s counsel filed a “Suggestion of Incompetency,” formally requesting a competency evaluation and the circuit court granted the request.

On the same day, the circuit court issued an Order for In Custody Competency Evaluation, ordering the Department of Health and Mental Hygiene to examine appellant “to determine whether [appellant] is able to understand the nature or object of the proceedings and to assist in his defense[.]” On April 11, 2011, Andrew W. Donohue, DO, a forensic psychiatrist, submitted a letter to the circuit court, stating as follows: Pursuant to [the] order under Criminal Procedure § 3-105 of January [2]8, 2011,1 attempted to examine [appellant]. I was unable to complete the evaluation because [appellant] refused to participate, stating that he did not think that the examination was necessary and he expressed concern that to take part would potentially incriminate him. If [appellant] changes his mind and agrees to take part in the evaluation, I would be happy to see him. On May 10, 2011, at a pretrial hearing, appellant’s counsel informed the circuit court of appellant’s refusal to participate ²⁵⁸ in the competency evaluation. 3 On May 26, 2011, at a pretrial hearing, appellant’s counsel advised the circuit court that the request for a competency evaluation was being withdrawn.

The following exchange occurred: [APPELLANT’S COUNSEL]: Your Honor we are here for an issue of competency to stand trial. And after further discussions with [appellant], both substantively and about this particular issue, I have come to the conclusion that I should withdraw my request. And that is with [appellant’s concurrence. Is that correct, [appellant]? [APPELLANT]: Yes, sir.

THE COURT: Okay. And you understand the consequences of withdrawing that motion? [APPELLANT]: Yes. [APPELLANT’S COUNSEL]: And the consequences are there will be no such evaluation? [APPELLANT]: Yes. [APPELLANT’S COUNSEL]: All right. THE COURT: Because it’s my understanding they attempted to perform an evaluation and they wrote back that at that time you refused to participate, so that’s why we were going to send you for further evaluation at Clifton T. Perkins. But you are withdrawing the motion? [APPELLANT]: Yes, Your Honor.

THE COURT: And that’s all moot. On June 13, 2011, the case proceeded to trial. (2) Trial Proceedings (a) Witness Testimony Because our resolution of the instant appeal involves the sufficiency of evidence, we set forth the lengthy and detailed ²⁵⁹ facts of the case. The facts are set forth below in the order the witnesses testified at trial.

As a witness for the State, Michael Martin, a friend of the deceased, testified that he had known Curran, whom he thought of as a “brother,” for approximately sixteen years, and that he saw Curran twice a week. Martin described Curran as follows: “He was an old guy. Pretty feeble. Dying of cancer, ... and liver was shot and [his] kidneys were gone, and [he was] on [ ] medications and he drank and smoked.” 4 Martin testified that, in February 2010, Curran lived alone in a two-room house with his dog.

According to Martin, Curran stored “his pills, bottles of pills, medication” and money in a dresser drawer in his bedroom. Martin testified that he drove Curran to the doctor’s office and the pharmacy to fill his prescriptions because Curran “could barely walk.” Martin testified that he last saw Curran on Tuesday, February 9, 2010. Martin last spoke with Curran by telephone on Fridays February 12, 2010, around 5:00 p.m., but was unable to see him that day due to a snowstorm. Martin testified that, on Wednesday, February 17, 2010, he went to visit Curran to “[c]heek in on him.” When he arrived at Curran’s house, Martin discovered that the door, although closed, was already unlocked.

According to Martin, he walked to the bedroom and “saw the dresser drawer on the floor upside down.” Martin testified that the house was “[t]rashed[,]” clothes were laying all over the floor, the “nightstand was pulled apart[,]” and a lamp was “knocked over, leaning[.]” Martin found Curran lying on his side on the bed. Martin testified that Curran was “gray[,]” “rock hard and cold as ice.” Martin drove to Wright’s Country Deli (the “Deli”) and told Carol Wright to call the police. Wright called 911 and law enforcement officers arrived at the Deli. On cross-examination, Martin testified that during questioning by law enforcement officers, he provided a list of names of ²⁶⁰ people who had recently visited Curran.

The list Martin provided to law enforcement officers included the names Archie Nunley, Archie’s brother, John Nunley, Archie’s nephew, “Mikey,” 5 and Robert “Tex” Archer. According to Martin, these men visited with Curran and drank beer, and some of them used drugs, but “they basically took care of’ Curran when they were at Curran’s house. As a witness for the State, Wright testified that she works at the Deli and that Curran had been a customer since 1993. Wright testified that Curran mostly “bought alcohol and cigarettes” and sandwiches from the Deli.

According to Wright, Curran received all of his mail at the Deli, the Deli “ran a tab for him, and once a month [Curran] would pay his tab.” Wright testified that the Deli had a note system with Curran, such that if Curran was unable to stop by the Deli to pick something up, he would write notes and send friends to the Deli to get what he needed at the time. Wright testified that when Curran “was sober, he was awesome. If he wasn’t sober, we didn’t let him in the store.” According to Wright, on Thursday, February 11, 2010, Curran visited the Deli to buy two packs of cigarettes. Wright never spoke to or saw Curran again.

Wright testified that she knew appellant, who lived next door to the Deli with his mother, Candace Carpenter. Wright testified that, on Friday, February 12, 2010, around 7:00 p.m., appellant visited the Deli with a note signed by Curran authorizing the purchase of a twelve-pack of beer. Wright testified that she gave the twelve-pack of beer to appellant, charged the beer to Curran’s tab, and placed the note into a “bill box” with the other notes signed by Curran. Later that night, on February 12, 2010, appellant came back to the Deli and asked for more beer for Curran.

Because appellant did not have another note from Curran, Wright told him that she could not help him. Wright testified that the February 12, ²⁶¹ 2010, note delivered by appellant was the last note the Deli received from Curran. On cross-examination, when asked by appellant’s counsel to describe Curran’s condition in February, 2010, Wright testified that Curran had just been released from the hospital because he “had been beaten very badly[,]” and had “[b]lack eyes, swollen face, busted lip, [and] scrapes all over his face.” As a witness for the State, Antonio Buckland, Curran’s neighbor, testified that the last time he saw Curran was on Wednesday, February 10, 2010, when he took pizza to Curran. Buckland testified that, on that date, Curran appeared to have been “[b]adly beaten[.]” During direct examination of Buck-land, the prosecutor presented State’s Exhibit 5 to Buckland, which Buckland identified as a photograph of a calendar he had given to Curran.

According to Buckland, Curran marked off each day on the calendar, and the last time he visited Curran, February 10 had been marked off on the calendar. State’s Exhibit 5, a photograph of the calendar, was admitted into evidence. State’s Exhibit 5 showed that the calendar had been marked off through February 11, 2010. During cross-examination, Buckland testified that he—like Martin—provided law enforcement with the names of recent visitors to Curran’s house, including Tex, “Robbie,” Archie, “James,” John, and Mike (John’s son).

As a witness for the State, Samuel Ingram, a friend of Curran’s for thirteen or fourteen years, testified that he last saw Curran in February 2010, a little over a week before Curran’s body was found on February 17, 2010. According to Ingram, on that visit, appellant was at Curran’s house, sitting in a chair next to Curran’s bed, where Curran was propped up against the wall. Ingram testified that Curran had been “beat up pretty bad. He was black and blue, still bloodied up.” Ingram testified that appellant told him “Tex was involved with it [the beating]” and that he (appellant) had seen Tex walk out of Curran’s house, get into a black truck and drive off.

Ingram testified that he responded to appellant’s statement by saying, “[r]eally, Tex drove off? [Appellant] said, ²⁶² Yes. I said, Well, I said, Really? He said, Well, I’m sorry, it was a neon colored truck. I said, That’s funny because Tex don’t drive.” According to Ingram, he had seen Tex a week before his visit to Curran’s house and he had dropped Tex off at the train station in Wilmington, Delaware.

Ingram testified that on the day of his last visit to Curran’s house, he went to the Deli with appellant to buy Curran a six-pack of beer. According to Ingram, appellant “tried to get a 12 pack of beer” on Curran’s tab, but the Deli would not permit appellant to do so. Ingram testified that, after picking up the beer for Curran—which he (Ingram) purchased—he and appellant returned to Curran’s house. When Ingram left Curran’s house that evening, appellant was still there.

Ingram never saw or heard from Curran again. As a witness for the State, Detective Chris Lewis of the Cecil County Sheriffs Office testified that, on February 17, 2010, he responded to Curran’s house, where he observed Curran deceased, lying on a bed, with blood on his clothing as well as on the bed. Detective Lewis testified that Curran was wearing “what appeared to be a hospital gown,” and that he observed “apparent stab wounds” on Curran’s leg and chest. Around 3:00 a.m. on February 18, 2010, Detective Lewis spoke with appellant in a recorded interview at the Sheriffs Office.

Appellant told Detective Lewis that, on February 17, 2010, he (appellant) had been with Alicia Brown and Helen Morris 6 at Steele’s Motel helping Brown move from the Motel to another residence. Appellant stated that he knew Curran, who was a friend, and that he had last seen him during “the first snowstorm[,]” which Detective Lewis believed was a week or two weeks before Curran’s body was discovered. As a witness for the State, Matthew Morris testified that he was Martin’s step-son, that he knew Curran as one of Martin’s friends, and that he had met appellant once through his brother, Miles Morris. According to Matthew, he met appel ²⁶³ lant when he took Miles and Helen, Miles’s wife, to ask Carpenter to lend them rent money.

Matthew testified that he drove Miles and Helen to Carpenter’s residence, and he stayed in the car with Miles while Helen went inside to speak with Carpenter. While Matthew was waiting in the car, appellant walked up to the car and tried to sell him “Seroquel,” a “depression medication].” Matthew testified that, at that time, appellant “talk[ed] about robbing the guy up the street[,]” to “steal his pills[.]” According to Matthew, appellant meant Curran when he said “the guy up the street” because Curran “was the only one that lived up near that way.” Matthew testified that appellant told him and Miles, “You don’t need to borrow money, we can rob this guy.” Matthew testified that he said “no” to appellant’s offer, and appellant left. As a witness for the State, Miles testified that he knew Curran as a friend of his stepfather, Martin, and that, when Curran “stay[ed] with” his mother and Martin, he saw Curran “about every Friday.” Miles testified that he and his wife, Helen, visited Carpenter “[o]nce or twice” for Helen to borrow money from Carpenter. According to Miles, on one occasion, Matthew drove him and Helen to Carpenter’s, and Helen went into Carpenter’s house.

Appellant came outside and approached him and Matthew while they were waiting in the car. Miles testified that appellant asked if the brothers wanted to buy Seroquel, which they refused. According to Miles, appellant stated that he knew “where to get some Percocets at, [and that] we got to go get the man drunk down at the shacks” and “take his medicine.” Miles testified that he believed appellant was referring to Curran. As a witness for the State, Thomas Allen testified that in February 2010, he lived at Steele’s Motel with his mother.

At some point in mid-February, at around 10:00 p.m., there was a knock at his motel room door, and a young man was at the door. Allen testified that he did not know the young man. Allen testified that the young man “asked if he could just come in” and acted “real nervous and he was crying, he was upset.” Allen let the young man enter his room, and observed ²⁶⁴ that the young man was “crying” and “shaking[,]” and that he “kept saying that he didn’t kñl nobody[.]” Allen identified appellant as the young man. According to Allen, appellant stated that he had been in the neighboring room at the Motel and that the people in that room “had the idea that he had committed a murder” of “an older guy that was his friend.” Allen testified that appellant said he was scared and requested that he (Allen) accompany him to the room next door.

Allen walked with appellant to the neighboring room, nobody was there, so they went back to Allen’s room. Allen testified that appellant asked to call his mother, Carpenter, and that he overheard appellant asMng Carpenter “if the cops had been by the house at all, and he [appellant] was scared to go back to the house.” On the phone call, appellant “was just crying uncontrollably, repeating that he didn’t Mil nobody.” Allen testified that his encounter with appellant ended when he walked appellant to the neighboring room and saw appellant go inside. As a witness for the State, Michael McDonald 7 testified that in February 2010, he lived across the street from the Deli and approximately one quarter mile from Curran’s house. According to McDonald, he had known Curran “very well” since around 1993.

McDonald testified that he first met appellant in either late January 2010 or early February 2010, in the driveway of Curran’s house. McDonald testified that he and appellant conversed about “pills” and that he “ended up buying a few [Seroquel] pills” from appellant. McDonald testified that he saw appellant frequently after this first encounter and that he considered himself and appellant friends. According to McDonald, in February 2010, he moved to Delaware.

McDonald testified that, in March 2010, he returned to Maryland to go camping. During this visit, McDonald saw appellant. McDonald testified that appellant invited him to ²⁶⁵ his house to “hang out.” McDonald took a twelve-pack of beer (with “eight or nine beers” remaining) to appellant’s house, and appellant drank a beer while the two men sat talking. McDonald testified that the conversation “turned to [how appellant] ... worried that his mom was talking to detectives or something like that.” According to McDonald, prior to that day, the only thing he had heard appellant say concerning Curran’s death was that he “was being persecuted [ ] by the local sheriff[’]s department” and had been forced to view autopsy photographs.

When asked by the prosecutor whether appellant told him “anything specific about [] Curran’s murder[,]” McDonald replied “[y]es,” and testified as follows: On the last day I seen [appellant] when he was still drinking the beer, I had two—I actually had four Suboxones, I gave him one and I took one, and I don’t know how long after that, but he told me a little bit about being up at [Curran]’s house that day and they were drinking, some kind of argument started, and that he snapped, I believe it was over pills, and he stabbed [Curran] in the temple and in the neck or something like that. He said more than that, but after I heard that, I really lost track of what was going on[.] On cross-examination, McDonald testified that he had been at Curran’s house twice on the day Curran’s body was discovered. According to McDonald, he went to visit Curran early in the morning, knocked on the door and, receiving no answer, left. As to the second visit, McDonald testified that he went to visit Curran around 11:00 a.m., opened the door, took a step inside the house and called for Curran.

Receiving no response and not seeing anything unusual, McDonald left. McDonald testified that, in his August 30, 2010, conversation with detectives, he told detectives that he had brought up the topic of Curran during his March 2010 conversation with appellant. McDonald admitted that, during the March 2010 conversation with appellant, he had begun to suspect appellant and was “trying to butter [appellant] up” to get appellant to ²⁶⁶ tell him about Curran’s death. When asked by defense counsel why he waited until August 2010, to tell detectives about his conversation with appellant, McDonald testified that he was wanted in Maryland for the violation of parole, and was afraid to return to Maryland to talk to law enforcement officers.

As a witness for the State, Dr. Ali, the medical examiner who performed an autopsy on Curran, testified that he observed “a total of ten stab wounds and three cutting wounds” on Curran. Dr. Ali described the wounds to Curran’s chest as follows: “[t]wo of the stab wounds injured [Curran’s] heart, perforated the heart, and caused significant bleeding in the chest cavity[,]” and another “cluster of three stab wounds to the right side of the chest” injured the heart and passed through the liver “causing] bleeding in the abdominal cavity or inside the belly.” Dr. Ali testified that another stab wound perforated Curran’s left leg-or “entered and exited the other side of the leg[.]” As to the wound to Curran’s head, Dr. Ali testified that a stab wound to the left temple “fractured the skull and went through the brain[.]” Dr. Ali testified that he observed a cutting wound to the neck and two cutting wounds on Curran’s right hand. Dr. Ali opined that the cutting wound “injuries to the right hand are typical of defense-type injuries,” and that the injuries to the leg “could be consistent with defense injuries.” As to the stab wound to Curran’s temple, Dr. Ali opined that “[b]reaking into the temple requires some force but the bone in the temple area is not very thick” and he could not “tell exactly how much force” was used, but it was more force “than penetrating the belly or arm[.]” On cross-examination, Dr. Ali acknowledged that he could not determine the order the wounds were inflicted or whether different instruments were used to inflict the wounds. Dr. Ali testified that he could not determine exactly when Curran died, but testified that the wounds were consistent with the use of a knife.

A copy of the autopsy report, which included a toxicology report, was admitted into evidence as State’s Exhibit 7. According to the toxicology report, Curran’s blood and ²⁶⁷ urine tested positive for ethanol and various other substances, such as acetaminophen,- oxycodone, and quietiapine. As a witness for the State, Carpenter, appellant’s mother, testified that she had known Curran for approximately seven years, and that she had lived at Curran’s house when she was homeless after her divorce. According to Carpenter, she knew Curran to be a drinker and user of recreational drugs, and that Curran also took prescription medication as a result of being diagnosed with cancer.

Carpenter testified that between August 2009 and November 2009, appellant lived with her, and that prior to August 2009, she had not seen appellant in seven years. According to Carpenter, appellant met Curran on February 1, 2010. Carpenter testified that appellant and Curran “hit it off real well[,]” that the two men watched movies and drank together, and appellant delivered meals to Curran. Carpenter did not know whether appellant and Curran had ever used recreational drugs or prescription medicine together, but testified that she knew appellant used recreational and prescription drugs.

Carpenter testified that in February 2010, she had been prescribed medication, and that she “started realizing that the medication in the bottles ... were disappearing” and thought appellant was stealing her medication. Carpenter testified that on February 12, 2010, appellant was residing with her. According to Carpenter, appellant went to Curran’s house that day and was gone for around five hours, returning at approximately 9:20 p.m. Carpenter testified that upon his return, appellant “seemed lethargic[,]” was “very drunk[,]” and went to his room.

Carpenter followed appellant into his room to discuss his late arrival—which was past his 9:00 p.m. curfew—and appellant “said he thought he had hurt [Curran]” and then appellant “fainted or passed out.” Carpenter testified that appellant had been sitting on the end of his bed and then “just collapsed” and “fell off the end of the bed.” Carpenter “started pouring water on [appellant], slapping him in the face, trying to talk to him” and “[t]he only thing that [appellant] was really able to tell [her] was that he ²⁶⁸ thought he had hurt [Curran].” According to Carpenter, she wanted to go check on Curran, but she was not able to do so because appellant “was incapacitated.” Carpenter testified that she was interviewed by detectives on September 8, 2010, and, she participated in a recorded interview with detectives on September 9, 2010. Carpenter initially testified that she did not tell detectives that appellant told her he killed Curran. The prosecutor refreshed her recollection with the transcript of the interview. As a result, Carpenter acknowledged that, during the interview,, she advised detectives twice that appellant told her that he thought he had killed Curran.

Carpenter testified that, during her September 9, 2010, interview with detectives, she informed detectives that appellant stated that Curran “had been stabbed in each lung and in the head.” Carpenter insisted at trial that, on February 12, 2010, appellant told her only that he thought he had “hurt” Curran, not that he had killed Curran. Carpenter testified that she told detectives that appellant “hurt” Curran because Curran “had said something inappropriate about [her].” A redacted transcript of Carpenter’s September 9, 2010, interview was admitted into evidence as substantive evidence pursuant to Maryland Rule 5-802.1 as State’s Exhibit 15. In the interview, Carpenter told detectives that on February 12, 2010, appellant came home around 11:00 p.m. “a lot more than intoxicated[,]” “totally disoriented,” and told her that “he thought that he had killed [Curran].” Carpenter informed detectives that appellant told her that “he had stabbed [Cur-ran] on either side of the chest and then, uh, put a blade through his skull.” Carpenter advised detectives that appellant told her, around the time law enforcement was executing a search warrant of her home, that “there wasn’t anything in the house[,]” and that after the search warrant was executed, appellant told her that he had thrown the knife in a dumpster. As a witness for the State, Captain Wayne Kessler of the Santa Fe, Texas, Police Department testified that on September 2, 2010, he arrested appellant in Texas.

When arrested, ²⁶⁹ appellant “appeared to be under the influence of alcohol or drugs[,]” so Captain Kessler postponed his interview of appellant for approximately two hours. Captain Kessler testified that, during his interview with appellant, appellant stated that he knew Curran through his mother, and that Curran “would occasionally give him medicine.” Appellant informed Captain Kessler that he last saw Curran on February 12, 2010. According to Captain Kessler, appellant was coherent during the interview and aware of what they were discussing. Captain Kessler testified that, at one point during the interview, appellant asked to speak with a district attorney, and he (Captain Kessler) “explained to [appellant] that the district attorneys in [his] jurisdiction [in Texas] had nothing to do with th[e] case and that they couldn’t be involved with any kind of deal[.]” Captain Kessler testified that, at other points in the interview, appellant called himself a “psychopath,” stated he wanted the death penalty, and joked that he should have gone to Mexico.

Captain Kessler testified that he ended the interview after he realized that he was not “going to get anywhere.” On cross-examination, Captain Kessler acknowledged that, during the interview, appellant stated several times that he did not hurt or kill anyone. The State’s last witness, Detective William Sewell, the lead investigator, testified that law enforcement officers did not release any information about the location and number of stab wounds inflicted on Curran. Detective Sewell testified that he never showed Curran’s autopsy photographs to appellant because the Sheriffs Office “actually did not receive any autopsy photos.” Detective Sewell testified that, as part of the investigation, he discovered that Curran had been to the hospital in February 2010, and he retrieved the hospital report concerning Curran’s visit. Five pages of the hospital report were admitted into evidence as Defense Exhibit 1.

The hospital report showed that Curran visited Union Hospital on February 12, 2010, at approximately 10:30 a.m. because he was “beat up[.]” In a section labeled “Suieidal/Homicidal Behavior Assessment,” a nurse recorded that Curran stated he would “like to ²⁷⁰ kill the person who beat [him] up[.]” According to the report, when asked whether he had any history of aggressive behavior or whether he had threatened anyone physically or verbally, Curran stated, “yeah when I’m drunk or high[.]” The report showed that Curran responded “yes” when asked if he had current and past substance abuse problems and stated he used cocaine, hallucinogens, and amphetamines “anytime [he] can get [them.]” As a witness for the defense, Jamie McFalls testified that in February 2010, she lived next door to the Deli and had known Curran for approximately four years. McFalls testified that she last saw Curran on Thursday, February 11, 2010, but agreed that she had told detectives that she last saw Curran on Tuesday, February 16, 2010. Ultimately, McFalls testified that she last saw Curran at the Deli on February 16, 2010, between 5:00 p.m. and 7:00 p.m. as she and Cody Gilbert were driving to Blockbuster to return a movie, and that she recognized Curran from his distinctive walk. On cross-examination, McFalls admitted that she told detectives that it was “definitely dark” on February 16, 2010, and that Curran was “[a]bout a field away.” McFalls acknowledged that she did not go over and offer Curran a ride or say hello, and that she could not see Curran’s face.

As a witness for the defense, Gilbert testified that in February 2010, he lived next door to the Deli and had known Curran, whom he considered a friend, for ten to fifteen years. Gilbert could not remember the date that he last saw Curran, but testified that it was only “two days before he was discovered” on February 17, 2010. Gilbert testified that, as he was backing out of his driveway around 5:30 p.m. or 6:00 p.m. to go to Blockbuster to return a movie, he last saw Curran “walking down the road right by the” Deli. Gilbert testified that he could see Curran’s face, that Curran was roughly 80 to 100 yards away, and he was sure it was Curran he saw that night.

According to Gilbert, it was “[g]etting dark but not black” and there were lights on in the Deli parking lot area. Gilbert acknowledged that he told detectives that he was about 150 to 200 yards away from Curran when he saw him, but testified ²⁷¹ that he was “[a] hundred percent” sure it was Curran he saw on this occasion. On cross-examination, Gilbert admitted that, in contrast to his in-court testimony, he had told detectives that he had not seen Curran’s face. (b) Exclusion of Curran’s Statements to Martin and Buckland Prior to the State calling Martin to testify, appellant’s counsel requested a bench conference to discuss “an issue about some of [] Martin’s testimony.” Appellant’s counsel explained as follows: Curran apparently was beat up rather severely a couple of days before the 12th when the State believes he was last seen, and [ ] Martin had some contact with [ ] Curran about the individuals who were involved.

There is [ ] Martin and actually [ ] Buckland, and I suppose the issue is the same with respect to both of them. [ ] Curran indicated to both these individuals, and I believe [ ] Buckland is on the State’s list as well, who beat him up rather severely, fractured his face, caused him great pain, and it is going to be my attempt to get from those individualsr[ 8 ] on cross[-]examination those statements from [ ] Curran. I understand they are ordinarily hearsay. The importance to [appellant] cannot be underestimated here. This is a question about ... who killed [ ] Curran.

And I believe the police will—1 mean, initially these people were suspects. They have all been talked to. And I think it is, again, it’s crucial that that evidence gets out. There is no other way to get it out.

And it is I think inherently reliable under the conditions in which it was given with respect to [ ] Curran fearing for his own safety at that point in time, his natural responses to tell the truth to his friends about what happened. Even though he wasn’t talking to ²⁷² everybody about what happened and he didn’t identify individuals to everybody, but with respect to this individual who’s apparently a good friend of his and the other individual, [] Buckland, who apparently lives close[]by and was very well about as good a friend as [] Curran had I suppose. Again, these individuals were identified and I would like to get that out. Appellant’s counsel acknowledged that Curran’s statements were not admissible under a specific hearsay exception, but argued that they were admissible under the “catch-all exception” set forth in Maryland Rule 5-803(b)(24).

In arguing that the statements were admissible under the “catch-all exception,” appellant’s counsel relied on the “Foster case[,]” as a case in which “due process considerations in being able to present the defendant’s case” required the admission of certain statements. The State opposed the admission of Curran’s statements, arguing that they were hearsay and did not fit any of the exceptions to the hearsay rule. The circuit court agreed with the State, ruling as follows: “Well, the Court’s not going to allow it. The Court does find that it’s hearsay. [The Court does not] find that it falls within any exceptions under [Maryland Rule] 5—803[.]” Appellant’s counsel urged the circuit court to “consider perhaps due process,” but the circuit court ruled that appellant’s counsel could not ask either Martin or Buckland about Curran’s statements because the circuit court “just think[s] it’s hearsay.” (c) Motion for Judgment of Acquittal At the close of the State’s case, appellant’s counsel moved for judgment of acquittal, arguing, in full, as follows: I guess I would be making a motion, Your Honor, and indicate, again, with respect to what the state of the evidence is, it is that we have expert medical testimony indicating maybe a couple of days before—anywhere from a couple days before February 18[th] to February 12[th] this individual might have died. ²⁷³ The evidence directly implicating [appellant] is two witnesses, one of whom has a criminal background, apparently pending criminal matters, and his mother, who was kind of all over the map with respect to what she was saying, how she was saying it, how she was focused, and describing an event that seems incredible on its face to have gone that way.

And on direct what [ ] Carpenter ended up saying is that, I’m a nurse and I’ve done all these classes and I’ve done all the continuing education and so on and so forth, even though I’m not able to work at this point in time. And when she sees the condition of anybody, much less her son on the evening of the 12[th] when he falls unconscious, stops breathing, and has to do things, not to describe any nurse-related activities in terms of trying to revive him—she described water-boarding first of all—nor calling 911, again, the Court has to believe it for that to carry weight. And given those circumstances, I think it’s extremely difficult to say that she makes much sense. The rest of the evidence about who saw [Curran] last, there’s pizza in the microwave that was apparently delivered on the ... 10th.

So we know while he was alive it lasted until at least the 12[th] under the State’s theory. Whether he would rather drink a couple beers than eat a couple pieces of pizza, nobody knows. I mean, clearly I know what they want the inferences to be, what they want the conclusions to be, but it doesn’t get us there. Other evidence: There’s pictures of a calendar with dates X’d out.

There is no evidence of character and that he did it every morning when he got up or every evening when he went to bed, he X’d the next day out. The circuit court denied the motion, ruling from the bench that: [T]here is evidence here, if the jury believed it, that could convince them beyond a reasonable doubt. If they believe the mom and they believe ... McDonald.

If they believe those two witnesses, in the Court’s view there is sufficient ²⁷⁴ evidence for the jury to find [appellant] guilty of this murder, first degree, beyond a reasonable doubt. Appellant’s counsel interjected, stating that he thought there was “still some minimal assessment of credibility that the Court must exercise.” The circuit court reiterated that the motion was denied, stating: Again, I think there is more than enough evidence, if the jury believes it and if the jury is convinced beyond a reasonable doubt, based on all of this evidence taken in the light most favorable to the State, where they could find [appellant] guilty of the charges that he faces. So, the Court is going to deny the motion at this time. At the close of all the evidence, appellant’s counsel moved for judgment of acquittal, arguing, in entirety, as follows: I would make a motion for judgment of acquittal, incorporate the argument I made last time, and ask the Judge again to assess credibility with respect to the further witnesses that have been introduced in evidence with respect to what I think is a greatly-expanded period of time that harm could have been done to [ ] Curran.

The State has laid a significant foundation that this was done by [appellant] on the 12th. We’ve got two people who have not been impeached in any way, not been to Court at any time, and were clearly nervous, but said distinctly, I know it was [Curran]. I know who he is. I recognized him and it was him.

I’m a hundred percent sure. On the 16[th], within days. Now, the other aspect of that is that the medical examiner said a couple days. Now, he saw [ ] Curran on the 18[th].

It still fits the framework even for the medical testimony. The 18th to the 16th is a couple days. THE COURT: Within a day and a half. If you believe the—if the jury believes the last two or those two witnesses, the young lady and the man, they said they saw [Curran] around 5:30, 6 or so....

So it would have been a day and a half by the time the medical examiner got the body then. ²⁷⁵ [APPELLANT’S COUNSEL]: Okay. And again, what the doctor said was those were his estimates. There is no exact timeframe. Two days was within his own estimation of when this could have happened.

So again, given all of that, I would ask Your Honor, I guess—well, one other thing. Even assuming that this individual was involved in an altercation that ended [] Curran’s life, the circumstances are completely unknown. The character of [ ] Curran is known to a certain extent, and that is he is a disagreeable sort and someone prone to violence if he’s been drinking. He’s hard to get along with.

Even [ ] Wright said, you know, Look, I mean, he’s been nasty with me when I’ve asked him to leave. And so, again, the State has to have established, even prima facie at this point, the elements of first and second degree. To the extent that Your Honor is satisfied at this point that there is agency here, intent I think is still something completely open, especially given [] Curran’s state of mind as established by the hospital records that were introduced. So those are my arguments.

Agency at first, intent second. The circuit court denied the motion, ruling from the bench: Well, again, the jury can—obviously they can believe any witness, they can believe all of their testimony, part of their testimony, or none of their testimony. But at this point, I think there is, again, if the jury were to believe it, I think there is more than enough evidence for the jury to find that the State has proved beyond a reasonable doubt that [appellant] did in fact commit the charges which he faces. I think it’s a matter for the trier of fact with regard to credibility.

It’s not for me to decide at this point. So again, for that reason, the Court is going to deny the motion. (d) Jury Instructions At the conclusion of all of the evidence in the case, appellant’s counsel requested that the circuit court instruct the jury as to legally adequate provocation and voluntary intoxication. ²⁷⁶ As to voluntary intoxication, appellant’s counsel argued that there was “clear evidence of voluntary intoxication[,]” demonstrated in part by Carpenter’s testimony that appellant seemed lethargic and “very drunk” when he returned home. As to legally adequate provocation, appellant’s counsel argued that evidence of an altercation between appellant and Curran, as well as Curran’s self-assessment “that when he gets drunk and high he can go off, [leads to] an inference that can be drawn that [Curran] could be the aggressor.” In response to the request for a jury instruction on voluntary intoxication, the State argued that “[t]here is no evidence of [appellant’s intoxication at the time of th[e] incident.

There is some evidence of [appellant’s] impairment when he goes home at 11:00 o’clock; but there is zero evidence of his intoxication at the time of this incident. And it’s not he has some beers. It’s not he smoked some dope.” As to legally adequate provocation, the State argued that “there wasn’t any evidence generated” regarding the issue. The circuit court refused to give the requested instructions.

As to voluntary intoxication, the circuit court ruled from the bench, in pertinent part, as follows: Okay. Well let’s say [appellant] popped four pills on his way home from the victim’s house to his house. How do we know when? I don’t know.

There hasn’t been any evidence as to whatever he—what he consume and when. I mean [appellant] didn’t testify, and obviously he doesn’t have to testify, and that’s his right, obviously. But no other witnesses have come forward and presented any evidence as to what if anything [appellant] consumed and when. He was never taken to a doctor, a hospital.

They never did any type of tests. So I don’t know. We’d all be guessing as to— * * * Well, as I indicated, again, the court is not inclined to give those instructions with regard to [] the voluntary intoxication. Again, the way the court recalls the evidence—I mean, again, I don’t recall any evidence that’s been present ²⁷⁷ ed here to show what if anything, any drugs and/or alcohol, [appellant] had consumed at the time this murder occurred.

There was testimony from the mother [Carpenter] that when he arrived home later that evening he seemed to be under the influence of something, and which caused her concern, and she made attempts to try to sober him up or whatever; but, again, I don’t recall anything—any evidence with regard to [appellant] ingesting any alcohol and/or drags at the time of this offense. As to legally adequate provocation, the circuit court ruled as follows: And then looking at the other issues that we talked about, again, the court just doesn’t find there was any legal—any evidence to demonstrate any legally adequate provocation for the voluntary manslaughter. Again, the only statement we have I think came again from the mother [Carpenter], who indicated that [appellant] stated that the victim [Cur-ran] made a derogatory comment about her, but that was the extent of it. I don’t know what the statement was, whether it would rise to any level that would justify or fit into possibly one of the factors that would warrant the voluntary manslaughter [instruction].

So, again, for those reasons the court will not give those instructions, but your objection is noted. The circuit court instructed the jury as follows on first-degree murder as follows: First degree murder. First degree murder is the intentional killing of another person with willfulness, deliberation, and premeditation. In order to convict the defendant of first degree murder the state must prove that the conduct of the defendant caused the death of [ ] Curran, and that the killing was willful, deliberate and premeditated.

Willful means that the defendant actually intended to kill the victim. Deliberate means that the defendant was conscious of the intent to kill. Premeditated means that the defendant thought about the killing, and there was enough time before the killing, though it may have only have been a ²⁷⁸ brief—or may have only been brief, for the defendant to consider the decision whether or not to kill, and enough time to weigh the reasons for or against the choice. The premeditated intent to kill must be formed before the killing.

After instructing the jury, the circuit court asked if counsel had any exceptions “other than what was previously noted[.]” Appellant’s counsel responded: “No, your Honor, just what was previously noted.” (e) Jury Note 1 During deliberations, the circuit court received a note from the jury. The jury note asked the following: During a heated argument, a knife is picked up [and] used— would this be considered [fírst-]degree murder? Would those few seconds from the time that he grabbed the knife be considered premeditated? After discussing a proposed response with the parties, the circuit court sent back the following response: “You have to rely upon the jury instructions you have been provided.

That it is an issue for you to decide based upon the facts and the law (jury instructions).” DISCUSSION I. (1) Contentions Appellant contends that at the pretrial conference of May 6, 2011, the circuit court failed to comply with Maryland Rule 4-215(e) by not: (1) inquiring as to whether he wanted to discharge his counsel; (2) eliciting and considering an explanation for his dissatisfaction with his counsel; and (3) determining whether the reasons were meritorious, and thereby warranting discharge. Appellant argues that his letter of April 17, 2011, stating, “I’ve been having problems with my Defense Attorney Thomas Klenk[,]” and his remark at the pretrial conference of May 6, 2011, that he believed he was not being ²⁷⁹ represented effectively, “were obvious statements of dissatisfaction with counsel and were sufficient to trigger the [court’s] requirements under Rule 4-215(e).” Appellant asserts that his failure to raise the issue again at trial does not excuse the circuit court’s error as Maryland Rule 4-215(e) does not require a defendant to repeat the request to discharge counsel at trial. The State responds that the circuit court properly complied with Maryland Rule 4-215(e) as appellant’s written and oral communications were not requests to discharge counsel and, thus, the circuit court was not required to undertake an inquiry pursuant to Maryland Rule 4-215(e).

The State argues that appellant’s April 17, 2011, letter to the circuit court was simply a complaint about not being provided discovery. The State maintains that at the May 6, 2011, hearing appellant’s oral response, “[t]here we go, yes[,]” to the circuit court’s question about effective representation of counsel “did not intimate a desire, much less make a request, to discharge” Klenk. The State asserts that Maryland Rule 4-215(e) was not triggered because nothing in appellant’s statements could reasonably have led the circuit court to conclude that he wished to discharge his counsel. The State points out that the circuit court informed appellant that if, after discussing his concern about discovery with Klenk, he wanted to address the court further he could “certainly do that,” but that appellant never again raised an issue as to his representation by Klenk.

(2) Standard of Review In State v. Hardy, 415 Md. 612, 621-22 , 4 A.3d 908 (2010), the Court of Appeals set forth the following standard of review for issues concerning the discharge of counsel: When applicable, Rule 4-215(e) demands strict compliance. “The provisions of the rule are mandatory” and a trial court’s departure from them constitutes reversible error. Where a motion to discharge counsel is made during trial, however, Rule 4-215(e) does not apply, and we evalu ²⁸⁰ ate the trial court’s ruling on a motion to discharge counsel under the far more lenient abuse of discretion standard.[ 9 ] (Citations omitted). (3) Law “A defendant in a criminal prosecution has a constitutional right to the effective assistance of counsel and the corresponding right to reject that assistance and represent himself.” Alford v. State, 202 Md.App. 582, 607 , 33 A.3d 1004 (2011) (citation omitted). Maryland Rule 4-215(e), concerning discharge of counsel, provides: If a defendant requests permission to discharge an attorney whose appearance has been entered, the court shall permit the defendant to explain the reasons for the request.

If the court finds that there is a meritorious reason for the defendant’s request, the court shall permit the discharge of counsel; continue the action if necessary; and advise the defendant that if new counsel does not enter an appearance by the next scheduled trial date, the action will proceed to trial with the defendant unrepresented by counsel. If the court finds no meritorious reason for the defendant’s request, the court may not permit the discharge of counsel without first informing the defendant that the trial will proceed as scheduled with the defendant unrepresented by counsel if the defendant discharges counsel and does not have new counsel. If the court permits the defendant to discharge counsel, it shall comply with subsection (a)(l)-(4) of this Rule if the docket or file does not reflect prior compliance. In Gonzales v. State, 408 Md. 515, 531-32 , 970 A.2d 908 (2009), the Court of Appeals discussed the procedures set forth in Maryland Rule 4-215(e) as follows: Under the Rule, when a defendant requests permission to discharge an attorney whose appearance has been entered ²⁸¹ in his or her case, the court must provide the defendant an opportunity to explain why the defendant wishes to discharge that attorney.

Next, the trial court must make a determination about whether the defendant’s desire to discharge counsel is meritorious. Finally, ...: Where the trial [court] finds a defendant’s reasons to be meritorious, [it] must grant the request and, if necessary, give the defendant an opportunity to retain new counsel. When a defendant makes an unmeritorious request to discharge counsel, the trial judge may proceed in one of three ways: (1) deny the request and, if the defendant rejects the right to represent himself and instead elects to keep the attorney he has, continue the proceedings; (2) permit the discharge in accordance with the Rule, but require counsel to remain available on a standby basis; (3) grant the request in accordance with the Rule and relieve counsel of any further obligation. (Citations omitted).

In State v. Davis, 415 Md. 22, 31 , 997 A.2d 780 (2010), the Court of Appeals described what constitutes a request to discharge counsel as follows: A petition for new counsel need not be made in writing or even formally worded. See State v. Campbell, 385 Md. 616, 632 , 870 A.2d 217, 226 (2005) (“[Defendant’s] request did not need to be a talismanic phrase or artfully worded to qualify as a request to discharge, so long as a court could reasonably conclude that [he] sought to discharge his counsel.”); Snead [v. State], 286 Md. [122], 127, 406 A.2d [98], 101 [ (1979) ] (“[A]ny statement by the defendant from which the court could reasonably conclude that the defendant desired self-representation would be sufficient.”). Rather, the statement must simply express to the court that the defendant is dissatisfied with his or her current attorney. See Campbell, 385 Md. at 632 , 870 A.2d at 226 (“[Defendant’s] statement regarding his dissatisfaction with his attorney, if timely, should have triggered an inquiry by the court as to whether [he] wanted to discharge his counsel.”). ²⁸² (Some alterations in original).

In Hardy, 415 Md. at 623 , 4 A.3d 908 the Court of Appeals stated: A defendant makes such a request [to discharge counsel] even when his or her statement constitutes more a declaration of dissatisfaction with counsel than an explicit request to discharge. See, e.g., Campbell, 385 Md. at 632 , 870 A.2d at 226 (finding request to discharge counsel when defendant stated “I don’t like this man as my representative.... We had conflicts way before this ever started”); Fowlkes v. State, 311 Md. 586, 607 , 536 A.2d 1149, 1160 (1988) (treating as request to discharge counsel defendant’s statement that “[i]f possible I would rather get rid of her [my attorney], get new [sic] attorney”); Leonard [v. State ], 302 Md. [111], 125, 486 A.2d [163], 170 [ (1985) ] (declaring request to discharge counsel “obvious” where defendant said “can I get appointed another counsel? ... Well, he’s not representing me then”); Snead, 286 Md. at 131, 406 A.2d at 103 (finding request to discharge counsel when defendant said “I don’t want no attorney then”).

(Some alterations in original). In Davis, 415 Md. at 33 , 997 A.2d 780 , the Court of Appeals held that an inquiry under Maryland Rule 4-215(e) is “not mandated unless counsel or the defendant indicates that the defendant has a present intent to seek a different legal advisor[.]” In Davis, id. at 25-27 , 997 A.2d 780 , the Court of Appeals held that defense counsel’s statement to the county administrative judge on the morning of trial that the defendant had told him “he didn’t like [defense counsel’s] evaluation” and that he “[w]anted a jury trial and new counsel” constituted a request to discharge counsel triggering the procedures set forth in Maryland Rule 4-215(e). In Davis, id. at 28 , 997 A.2d 780 , after defense counsel’s statement, the county administrative judge ordered that the case proceed to trial. The Court of Appeals held that the defendant’s request to discharge counsel, relayed through his attorney, was an adequate request.

Id. at 33 , 997 A.2d 780 . The Court of Appeals pointed out that defense counsel “explicitly reported [the defendant’s dissatisfaction to the court” followed by the ²⁸³ defendant’s request for new counsel. Id. at 34-35 , 997 A.2d 780 . The Court stated that the dissatisfaction and request, taken together, “reasonably indicate[d] that [the defendant] found fault with his representation, and thus the court was obligated to ascertain the defendant’s reasons.” Id. at 35 , 997 A.2d 780 .

In Davis, id. at 36 , 997 A.2d 780 , the Court of Appeals allayed the State’s fears that its decision would place an undue burden upon trial judges, stating: “We do not suggest that a mere hint of discord within the defense’s ranks from any source demands investigation.” (Emphasis in original). In State v. Northam, 421 Md. 195, 197 , 26 A.3d 344 (2011), the Court of Appeals held that the defendant was not entitled to a new trial based on the contention that the trial court failed to comply with the procedures of Maryland Rule 4-215(e). In Northam, id. at 198-99 , 26 A.3d 344 shortly after his arrest, the defendant "wrote two letters, one addressed to the clerk of the trial court and one addressed to the District Court of Maryland, expressing his dissatisfaction with his assigned public defender and stating that he was “dropping” the public defender and requesting a pro bono lawyer. At a pretrial hearing, the defendant verbally expressed his dissatisfaction with the public defender and the public defender’s office.

Id. at 199-201 , 26 A.3d 344 . Six months later, at a motions hearing, the defendant was still represented by his assigned public defender. Id. at 201 , 26 A.3d 344 . Less than two months after the motions hearing, the defendant filed a motion for a change in venue in the form of a letter captioned “For a Change of Venue,” stating at the end of the letter that his public defender had not contacted him even though trial was three weeks away and requesting “a Court appointed attorney and Change of Venue.” Id. at 202-03 , 26 A.3d 344 .

In Northam, id. at 206 , 26 A.3d 344 the Court of Appeals agreed with the State that the defendant’s change of venue letter was “ ‘sufficient only to alert the prosecutor and the trial court that [the defendant] desired a change of venue ... and [the] vague request that he wanted a “Court appointed attorney,” buried in the final sentence of the final paragraph ²⁸⁴ of what was captioned and pled ... solely as a change of venue motion stands in stark contrast to other cases where 4-215 inquiries were mandated.’ ” (Omission in original). The Court of Appeals pointed out that, after filing the change of venue letter, the defendant had the opportunity to request permission to discharge his assigned public defender at two separate pretrial hearings as well as prior to the start of trial itself. Id. at 207 , 26 A.3d 344 . The Court of Appeals held: “Because no such request was presented to [the trial judge] on any of these occasions, we agree with the State’s argument that ... ‘Rule 4-215(e) was not implicated, much less violated, by the trial court.’ ” Id.

In Hardy, 415 Md. at 615-16 , 4 A.3d 908 the Court of Appeals held that the defendant’s statement during jury voir dire that he was “thinking about changing [his] attorney or something” constituted a request to discharge counsel, but that the procedures of Maryland Rule 4-215(e) were not applicable as voir dire, a meaningful trial proceeding, had begun. During voir dire, the defendant informed the trial court that he had not changed his mind about “wanting a trial” and that he was “thinking about changing the attorney or something.” Id. at 618 , 4 A.3d 908 (emphasis omitted). The Court of Appeals concluded that the defendant’s statement about changng his attorney qualified as a request to discharge counsel because “a trial court reasonably should have interpreted it as such.” Id. at 622 , 4 A.3d 908 . The Court explained that the defendant’s statements “communicated [ ] his unhappiness (albeit a passing state of mind at the time) with his trial counsel clearly enough to constitute a request to discharge counsel.” Id. at 623 , 4 A.3d 908 .

The Court rejected the State’s argument that the defendant’s statement was “too vague and indecisive to amount to a request to discharge” his counsel, stating: “Even if [the defendant] did not intend to make such a request definitively, however, the fact that he was considering the possibility of discharging counsel suggests that some consideration by the court into his rationale was appropriate.” Id. at 623 n. 8, 4 A.3d 908 . ²⁸⁵ In Joseph v. State, 190 Md.App. 275, 288 , 988 A.2d 545 (2010), we held that the trial court violated Maryland Rule 4-215(e) when it “was made aware of [the defendant’s desire to discharge counsel but did not ask for or consider [the defendant’s reasons for wanting to do so before denying the request.” At a motions hearing the evening before trial, the prosecutor informed the trial court that the defendant had “stated something to [him] about the release of his counsel.” Id. at 280 , 988 A.2d 545 (alteration in original). The trial court immediately stated “[t]hat’s not going to happen” and told the defendant that he could either retain a new attorney by the next morning (the start of trial) or represent himself. Id. At the end of the hearing, defense counsel raised the issue about the defendant’s “[inability to have the counsel of his choice.” Id. at 281-82 , 988 A.2d 545 .

The trial court responded that the defendant could have any attorney he wanted as long as the attorney was present for the start of trial the following day. Id. at 282 , 988 A.2d 545 . This Court held that the prosecutor and defense counsel clearly made known the defendant’s desire to discharge his counsel. Id. at 287-88 , 988 A.2d 545 .

We pointed out that, in order to trigger an inquiry under Maryland Rule 4-215(e), case law indicated that the requirement was that a defendant’s desire to discharge counsel be made known to the trial court. Id. at 288 , 988 A.2d 545 . In Campbell, 385 Md. at 632 , 870 A.2d 217 , the Court of Appeals held that the defendant’s statement regarding his dissatisfaction with his attorney, if timely, should have triggered an inquiry by the court as to whether [the defendant] wanted to discharge his counsel. [The defendant] made several statements to the court about his dissatisfaction with his attorney: “I don’t like this man as my representative;” “We had conflicts way before this ever started, man in the first trial;” “The man told me he ain’t going to represent me;” “He ain’t have my best interest at heart;” “You all wouldn’t let me fire him.” ... Based upon [the defendant’s expressed dissatisfaction with his attorney, a court reasonably could deduce that [the defendant] sought to discharge his counsel. ²⁸⁶ In Campbell, id. at 634 , 870 A.2d 217 , however, because the defendant’s expression of dissatisfaction occurred during trial—at the close of the State’s case-in-chief-the Court of Appeals held that the procedures of Maryland Rule 4-215(e) were not applicable as “‘meaningful trial proceedings’ definitely had begun[.]” (4) Analysis Returning to the case at hand, we conclude that a Maryland Rule 4-215(e) inquiry as to discharge of counsel was not triggered by appellant’s letter of April 17, 2011, or his remarks at the May 6, 2011, pretrial hearing because neither constituted a request to discharge counsel.

In both instances, appellant’s specific complaint concerned a “lack of discovery” rather than an attempt to discharge counsel. In the April 17, 2011, letter to the circuit court, appellant stated he had not been issued a copy of the discovery and requested that the circuit court “[p]lease issue [him] a copy of this Discovery.” At the May 6, 2011, pretrial hearing, appellant reiterated his concern about the lack of discovery, stating, “I have not been issued discovery.” To be sure, the circuit court interjected: “You don’t think [your counsel is] effectively representing you,” and appellant responded: “There we go, yes.” At no point did appellant indicate that he wished to discharge counsel or independently raise the issue of a lack of effective representation. At this juncture, it is readily apparent from the record that appellant sought only to receive discovery from the attorney. As a result, the circuit court suggested that appellant talk to the attorney about why he had not received the discovery materials.

The circuit court advised appellant that if he continued to have concerns which he wanted to address before the court, he could “certainly do that” at the next upcoming pretrial hearing, which was scheduled for May 10, 2011. After the letter of April 17, 2011, and the May 6, 2011, hearing, appellant had the opportunity to request permission to discharge Klenk at three separate pretrial hearings held in May, 2011—on May 10, May 20, and May 26—as well as prior ²⁸⁷ to the start of and during trial in June 2011, and at sentencing on August 24, 2011. Appellant was aware, based on the circuit court’s advisement to him at the May 6, 2011, pretrial hearing, that the court had provided an opportunity for him to resolve the discovery issue with Klenk, and that the court was willing to address the matter again should he still have “any of these concerns[.]” The record reflects, however, that appellant never raised the issue of discovery—or any other problems with Klenk—again. Because appellant did not request to discharge Klenk as counsel—but instead sought discovery and never raised an issue as to Klenk’s representation of him at additional pretrial hearings, trial or sentencing—under the circumstances of this case, appellant’s communications with the court did not trigger the discharge of counsel inquiry required by Maryland Rule 4-215(e).

See Northam, 421 Md. at 202-03, 207 , 26 A.3d 344 (Where a defendant earlier made a vague request for a new attorney in a multi-part motion and did not request to discharge counsel at subsequent pretrial hearings, the Court of Appeals held that Maryland Rule 4-215(e) was not implicated.). Applying principles gleaned from relevant case law, we are satisfied that appellant’s written and oral communications were not “statements that would reasonably apprise [the circuit] court of [his] wish to discharge [Klenk as his] counsel.]” Davis, 415 Md. at 32 , 997 A.2d 780 . As set forth above, at no point did appellant or anyone else state that he was “thinking about changing [his] attorney or something[,]” Hardy, 415 Md. at 618 , 4 A.3d 908 (emphasis omitted), that he “[w]anted ... new counsel[,]” Davis, 415 Md. at 25 , 997 A.2d 780 (first alteration in original), that he “stated something [ ] about the release of his counsel[,]” Joseph, 190 Md.App. at 280 , 988 A.2d 545 , that he did not like Klenk “as [his] representative^]” Klenk “told [him] he [was not] going to represent him” or Klenk did not “have [his] best interest at heart[,]” Campbell, 385 Md. at 632 , 870 A.2d 217 , or anything of a similar nature that would have indicated to the circuit court that he was attempting to discharge Klenk as his counsel. Appellant’s statement that he had been “having ²⁸⁸ problems” with Klenk and his agreement with the circuit court that he did not feel Klenk was effectively representing him did not rise to the level of mandating a Maryland Rule 4-215(e) inquiry because nothing about appellant’s statements “indicate[d] that [he] ha[d] a present intent to seek a different legal advisor[.]” Davis, 415 Md. at 33 , 997 A.2d 780 . 10 All of appellant’s statements about Klenk were rooted in his request to obtain a copy of the State’s discovery.

Although appellant is correct that nothing within Maryland Rule 4-215(e) requires a defendant to renew the request to discharge counsel at trial, the Rule clearly requires that to trigger its application a request to discharge must be made. In expressing a concern over the lack of discovery, appellant did not explicitly request to discharge Klenk, or notify the circuit court in any manner of the desire to seek different counsel. Compounding the lack of notification to the court of a desire to seek different counsel, appellant accepted Klenk’s representation without complaint at three additional pretrial hearings, trial, and sentencing. For all of these reasons, we conclude that the circuit court properly addressed appellant’s concerns over the lack of discovery and did not violate the procedures set forth in Maryland Rule 4-215(e). 11 ²⁸⁹ II.

(1) Contentions Appellant contends that the circuit court erred in failing to determine, based upon evidence presented on the record, whether he was competent to stand trial. Appellant argues that there is no provision “for withdrawing an allegation of incompetence and thereby obviating the court’s obligation to make a determination regarding incompetency.” Appellant asserts that the circuit court erred in concluding that his counsel’s withdrawal of the motion “rendered ‘moot’ the issue” of his competence to stand trial. Appellant contends that, in failing to determine whether he was competent to stand trial, the circuit court violated his right to due process under the United States and Maryland Constitutions because both prohibit the criminal prosecution of an incompetent defendant. ²⁹⁰ The State responds that the circuit court properly assessed appellant’s competency to stand trial. The State argues that criminal defendants are “ ‘presumed to be competent to stand trial’ ” until evidence presented on the record “is of such character that the trial judge is unable to determine beyond a reasonable doubt that the accused is able to understand the nature or the object of the proceeding against him or to assist in his defense.” The State maintains that after appellant’s withdrawal of the request for a competency evaluation, the circuit court had an obligation to address appellant’s competency sua sponte only “to the extent that [appellant] appeared to the court to be incompetent to stand trial.” In a reply brief, appellant reiterates the allegation that the circuit court failed to determine whether he was incompetent to stand trial once his competency was called into question by his attorney.

(2) Standard of Review “Once the issue of competency [to stand trial] has been raised, a ‘determination that an accused is competent to stand trial must be found beyond a reasonable doubt.’ Additionally, competency to stand trial is a factual determination which will not be reversed unless it is clearly erroneous.” Peaks v. State, 419 Md. 239, 252 , 18 A.3d 917 (2011) (quoting Jolley v. State, 282 Md. 353, 365 , 384 A.2d 91 (1978)). (3) Law Due process substantively prohibits the criminal prosecution of a defendant who is incompetent to stand trial. Peaks, 419 Md. at 251 , 18 A.3d 917 ; see also Medina v. California, 505 U.S. 437, 439 , 112 S.Ct. 2572 , 120 L.Ed.2d 353 (1992) (“It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial.” (Citations omitted)). A criminal defendant, however, is presumed to be competent to stand trial.

Peaks, 419 Md. at 251 , 18 A.3d 917 (citing Ware v. State, 360 Md. 650, 703 , 759 A.2d 764 (2000)). Maryland Code Annotated, Criminal Procedure Arti ²⁹¹ ele (“C.P.”) § 3—101(f) defines “incompetent to stand trial” as not being able “(1) to understand the nature or object of the proceeding; or (2) to assist in one’s defense.” On the other hand, a defendant is competent to stand trial where the defendant has a “ ‘present ability to consult with his lawyer with a reasonable degree of rational understanding—and ... a rational as well as factual understanding of the proceedings against him.’ ” Thanos v. State, 330 Md. 77, 85 , 622 A.2d 727 (1993) (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)) (omission in original). C.P. § 3-104, titled “Court to determine competence,” provides: (a) In general.—If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant is incompetent to stand trial. (b) Court action if defendant found competent.—If, after receiving evidence, the court finds that the defendant is competent to stand trial, the trial shall begin as soon as practicable or, if already begun, shall continue.

(c) Reconsideration.-—At any time before final judgment, the court may reconsider the question of whether the defendant is incompetent to stand trial. In Roberts v. State, 361 Md. 346, 364-66 , 761 A.2d 885 (2000), the Court of Appeals explained the statutory procedures set forth in C.P. § 3-104(a), 12 stating: ²⁹² The language of [8-104](a) mandates actions to be undertaken by a trial court, if an accused’s competency is properly called into question. These actions can be broken down into three distinct and simple steps: (1) First, a determination of competency may be made at any time before or during a trial; (2) Second, such a determination must be made if the defendant in a criminal case appears to be incompetent to stand trial or the defendant alleges incompetence to stand trial; and (3) Finally, the court must make its determination on the evidence presented on the record. The second step [ ] creates a mandate from the Legislature to the trial judge.

If the court’s duty to determine the competency of the accused to stand trial has been triggered, “the court shall determine ... whether the defendant is incompetent to stand trial.” ... The mandatory language of [the statute] indicates that the Legislature intended for every accused, whose competency was called into question, to have at least one guaranteed review of his or her competency status. (Emphasis and some omissions in original). As to the trial court’s determination concerning a criminal defendant’s competency, in Peaks, 419 Md. at 252 , 18 A.3d 917 the Court of Appeals stated: Additionally, the determination of the court need not be in the form of a formal hearing.

A judge with no jury present is not “required to use any magic words to designate as a separate hearing the presentation to him of testimony and evidence for his determination of the competency of the accused to stand trial. It is sufficient if the testimony and evidence are on the record.” Further, once the trial court has determined that the defendant is competent to stand trial, “the court is not required to hold an additional hearing merely because [the defendant] again alleges he is incompetent.” (Citations omitted) (alteration in original). In Pate v. Robinson, 383 U.S. 375, 386, 384 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966), the Supreme Court held that the defen ²⁹³ dant’s “constitutional rights were abridged by his failure to receive an adequate hearing on his competence to stand trial” and that the defendant did not waive the defense of incompetence to stand trial. At trial, the defendant’s counsel alleged that the defendant was insane at the time of the offense—a shooting—and incompetent to stand trial.

Id. at 376 , 86 S.Ct. 836 . During trial, four defense witnesses testified extensively as to the defendant’s long history of “disturbed behavior.” Id. at 378 , 86 S.Ct. 836 . Medical records demonstrated that the defendant had been admitted to the hospital as a result of mental illness symptoms, and that the defendant stated he imagined hearing voices and seeing things. Id. at 379-80 , 86 S.Ct. 836 .

In the medical records, a notation read: “I am wondering possibly [if] he isn’t schizophrenic.” Id. at 380 , 86 S.Ct. 836 . A few years prior to trial, the defendant shot and killed his eighteen-month-old son and then twice attempted suicide by shooting himself in the head and by jumping into a lagoon. Id. at 381 , 86 S.Ct. 836 . In committing the shooting for which he was on trial, the defendant entered a restaurant and fired a gun at his common law wife, never speaking “a word during the three-to-four-minute episode.” Id. at 382 , 86 S.Ct. 836 .

At trial, four defense witnesses “expressed the opinion that [the defendant] was insane.” Id. at 383 , 86 S.Ct. 836 . Based on these circumstances, the Supreme Court stated: The State insists that [the defendant] deliberately waived the defense of his competence to stand trial by failing to demand a sanity hearing as provided by Illinois law. But it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently “waive” his right to have the court determine his capacity to stand trial. In any event, the record shows that counsel throughout the proceedings insisted that [the defendant’s present sanity was very much in issue.

He made a point to elicit [the defendant’s mother’s opinion of [the defendant’s “present sanity.” And in his argument to the judge, he asserted that [the defendant] “should be found not guilty and presently insane on the basis of the testimony that we have heard.” ²⁹⁴ Moreover, the prosecutor himself suggested at trial that “we should have Dr. Haines’ testimony as to his opinion whether this man is sane or insane.” With this record we cannot say that [the defendant] waived the defense of incompetence to stand trial. Id. at 384 , 86 S.Ct. 836 (citation omitted). See also Kibert v. Peyton, 383 F.2d 566, 569 (4th Cir.1967) (The United States Court of Appeals for the Fourth Circuit stated that “[t]he Supreme Court has held categorically that the defense of incompetency to stand trial cannot be waived by the incompetent, Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966), and it ineluctably follows that his counsel cannot waive it for him by failing to move for examination of his competency.”). In Peaks, 419 Md. at 245 , 18 A.3d 917 the Court of Appeals held that the trial court did not violate C.P. § 3-104 by determining that the defendant was competent to stand trial even though trial had begun.

In Peaks, id., prior to trial, defense counsel requested an evaluation of the defendant’s competency to stand trial, and the trial court ordered an evaluation. Prior to the start of trial, the trial court determined that the defendant was competent to stand trial. Id. at 246-47, 18 A.3d 917 . At the start of trial two weeks later, the defendant began to “act out,” complain of chest pains, “curse and act erratically[.]” Id. at 247-48 , 18 A.3d 917 .

The next day, the defendant was brought to the court to schedule a new trial date, and the trial court stated that it was concerned about the defendant’s behavior and ordered another competency evaluation because it was “not certain” that the defendant was competent to stand trial. Id. at 248 , 18 A.3d 917 . The trial court found on the record, after voir dire, that it was “satisfied” the defendant was competent to stand trial. Id. at 250 , 18 A.3d 917 .

In Peaks, id. at 251 , 18 A.3d 917 the Court of Appeals observed that there was no substantive challenge to the defendant’s competency because the defendant had not alleged that he was incompetent to stand trial, but rather that the defendant challenged an alleged procedural error by the trial ²⁹⁵ court—namely, that the trial court failed to determine the competency issue prior to the start of trial. The Court of Appeals held that, because the issue involved reconsideration of a prior determination of competency, the matter was not controlled by C.P. § 3-104(a), and the reconsideration could be made, “within the court’s discretion, at any time before final judgment.” Id. at 259, 18 A.3d 917 . In reaching its decision, the Court of Appeals pointed out that, “[ojn the day of trial, defense counsel did not make a motion with respect to competency or challenge the lack of a completed evaluation. Had defense counsel considered the issue still outstanding, he had every opportunity to object to the characterization and bring the issue to the court’s attention at that time.” Id. at 262 , 18 A.3d 917 .

In Roberts, 361 Md. at 356-57 , 761 A.2d 885 , the Court of Appeals held that the trial court erred by finding that a competency examination was not necessary and failing to hold a competency hearing. In Roberts, id. at 354 , 761 A.2d 885 , defense counsel filed a motion requesting a mental examination to determine the defendant’s competency to stand trial. The State filed an answer to the motion the following day. Id. at 355 , 761 A.2d 885 .

The day after that, the trial court denied the motion without a hearing, and approximately a month later, trial commenced. Id. at 356 , 761 A.2d 885 . Upon review, the Court of Appeals stated that: once the issue of competency has been triggered, a trial court has an affirmative duty to determine an accused’s competency on evidence presented on the record. Under circumstances, such as the facts of the case at bar, where there is no evidence on the record concerning [the defendant’s competency, a hearing to present evidence is appropriate to put evidence on the record from which a valid determination of competency can be made.

Id. at 367 , 761 A.2d 885 (emphasis in original). The Court observed that defense counsel triggered the requirement for a competency determination by filing a motion for an evaluation. Id. at 369 , 761 A.2d 885 . As such, the Court of Appeals held that the trial court erred by failing to make such a determina ²⁹⁶ tion based on evidence on the record as there was no evidence from which such a determination could be made nor were the parties provided an opportunity to present any evidence concerning the defendant’s competency.

Id. (4) Analysis Returning to the case at hand, we begin by noting that appellant contends that the circuit court erred by failing to determine whether he was competent to stand trial despite the fact that he withdrew his request for a competency evaluation. Based on the circumstances of the case, we conclude that the circuit court properly addressed the issue of appellant’s competency to stand trial, implicitly finding that appellant was competent to stand trial and permitting appellant to withdraw his request for a competency evaluation. Appellant’s withdrawal of the request for a competency evaluation is dispositive of the issue under C.P. § 3- 104(a)—i.e. once the request was withdrawn, the circuit court was no longer under an obligation to determine, as a result of the request, whether appellant was competent or incompetent to stand trial.

Withdrawal of the request for a competency evaluation is not prohibited by statute or Maryland case law, and given the facts in this case, the circuit court properly permitted appellant to withdraw the request for a competency evaluation. The record reflects that, on January 28, 2011, appellant’s counsel requested a competency evaluation. The request was based on information communicated to appellant’s counsel by appellant’s mother and not based on any conduct by appellant before the circuit court. The circuit court granted the request and promptly issued an order on the same date for an in-custody competency evaluation.

Appellant refused to participate in the competency examination. At the May 26, 2011, pretrial hearing, appellant’s counsel withdrew the request for a competency evaluation, stating that the decision to withdraw the request was arrived at with appellant’s consent and came “after further discussions with [appellant], both substantively and about this particular issue[.]” The circuit court informed appellant on the record that, as a result of withdrawing the request, there would be no competency evalu ²⁹⁷ ation. Appellant stated twice that he understood and was withdrawing the request. The circuit court then stated: “And that’s all moot.” Contrary to appellant’s contention, the circuit court’s remark that the matter was “moot” was not the equivalent of a finding that the issue of appellant’s competency, independent of the withdrawal of the request, was rendered moot-indeed, the issue of competency may be raised by either party or the court at any time pursuant to C.P. § 3-104(a).

Rather, the circuit court observed that the matter at hand—appellant’s request for a competency evaluation—was “moot” because the request had been withdrawn. As such, there was nothing further for the circuit court to consider as to appellant’s request. The record is devoid of any indication that, after appellant withdrew the request for a competency evaluation, appellant’s behavior at trial or sentencing was such that it triggered either appellant, appellant’s counsel, or the circuit court to re-raise the issue of his competency. In Roberts, 361 Md. at 364 , 761 A.2d 885 , the Court of Appeals stated that “a trial court’s duty to determine the competency of the accused is triggered in one of three ways: (1) upon motion of the accused; (2) upon motion of the defense counsel; or (3) upon a sua sponte determination by the court that the defendant may not be competent to stand trial.” (Citation omitted).

There is no indication in the record that the circuit court lacked an understanding of its duty or departed from its duty. Judges are presumed to know the law. State v. Chaney, 375 Md. 168, 179 , 825 A.2d 452 (2003) (It is a “well-established principle that ‘trial judges are presumed to know the law and to apply it properly.’ ” (Citation omitted)). Here, appellant and his counsel withdrew the request for a competency evaluation, ending the court’s obligation to determine competency based on their request.

After withdrawal of the request, appellant exhibited no conduct that gave rise to a sua sponte determination by the circuit court that he may not be competent to stand trial. At oral argument, the State agreed with appellant’s position that where a substantive challenge as to a defendant’s compe ²⁹⁸ tency to stand trial is made, the trial court is required to make a determination on competency, even if the defendant withdraws the request. Without directly expressing an opinion as to the State’s position—that a defendant’s substantive challenge to. competency may not be withdrawn—we conclude that, in this case, to the extent that appellant raised a substantive challenge to his competency to stand trial, the circuit court implicitly determined that appellant was competent to stand trial and permitted withdrawal of the request for a competency evaluation. 13 In so concluding, we observe: (1) the record is completely silent as to any behavior or conduct on the part of appellant giving rise to a concern by the circuit court as to his competence; (2) appellant’s counsel’s request for a competency evaluation was based on information received from appellant’s mother, not his own independent observations of appellant’s conduct and behavior; (3) the record contains no information from appellant’s mother concerning his prior hospitalizations, i.e. when appellant was hospitalized, the duration of the hospitalizations, or any information about whether appellant had been diagnosed with a psychiatric condition; 14 (4) in informing the circuit court of appellant’s failure to participate in a scheduled competency evaluation, the forensic psychiatrist stated that appellant refused to participate because he believed that “to take part would potentially incriminate him[,]” demonstrating that, although not legally correct in his thinking, appellant’s refusal to participate was ²⁹⁹ not the result of a psychiatric condition but rather based on a rational choice; and (5) when the request for a competency evaluation