Young v. State

Moylan, J., delivered the opinion of the Court. The conviction of the appellant, Michael George Young, for armed robbery in the Circuit Court for Charles County by a jury, presided over by Judge James C. Mitchell, poses the question of What, if any, sanction is available for non-compliance with Article 27, Section 591 ? Chapter 212 of the Acts of 1971, effective July 1, 1971, added a new section, Section 591, to Article 27, dealing with “Crimes and Punishments,” of the Annotated Code of Maryland. It reads: “(a) Within two weeks after the arraignment of a person accused of a criminal offense, or within two weeks after the filing of an appearance of counsel or the appointment of counsel for an accused in any criminal matter, whichever shall occur first, a judge or other designated official of the Circuit Court or the Criminal Court of Baltimore City in which the matter is pending, shall set a date for the trial of the case, which date shall be not later than six months from the date of the arraignment of the person accused or the appearance or the appointment of counsel for the accused whichever occurs first.

The date established for the trial of the matter shall not be postponed except for extraordinary cause shown by the moving party and only with the permission of the ⁷⁰⁹ administrative judge of the court where the matter is pending. (b) The judges of the Court of Appeals of Maryland are authorized to establish additional rules of practice and procedure for the implementation of this Section in the Criminal Court of Baltimore City and in the various circuit courts throughout the State of Maryland.” The Seventh Circuit promulgated its own local Rule 527 a, which further provided: “All motions for continuances must be made to the trial judge to whom the action is assigned, if on the day of trial, or in writing and presented to the judge currently handling continuances if prior to the date of trial.” The case at bar was initiated prior to the effective date of the new law. The armed robbery in question occurred on May 29, 1971. The appellant was indicted on June 4, 1971.

He was arraigned on June 10, 1971. His case was set for trial on July 29, 1971, twenty-nine days after the new law was to be in effect. We think that from July 1, 1971, forward, the proper procedures to be followed in the granting of all continuances and postponements would be those consonant with the newly enacted provisions of Section 591. Notwithstanding those provisions, the appellant received notice from the State’s Attorney sometime shortly before July 29, 1971, that his case had been continued indefinitely.

On September 24, 1971, he received notice from the State’s Attorney that the case had been set for trial on October 14, 1971. On September 28, 1971, he moved that the court dismiss the indictment against him on the grounds that Article 27, Section 591, and Seventh Circuit Rule 527 had not been complied with. On October 13, 1971, the appellant received telephoned notice from the State’s Attorney that the case had been removed from the trial calendar for the following day. It was subse ⁷¹⁰ quently reset for October 28, 1971, on which date the trial did take place.

Before trial, the appellant amended his motion to dismiss to include the second instance of non-compliance. Judge Mitchell denied the motion to dismiss, and it is from that denial that the appellant here appeals. In outlining the procedures to be followed with respect to continuances and postponements, we read the legislative language to be directory, and not mandatory. The Legislature did not