Jones v. State

445 Md. 324

126 A.3d 1162

Corey JONES

v.STATE of Maryland.

No. 16, Sept. Term, 2015.

Court of Appeals of Maryland.

Dec. 7, 2015.

Allison Pierce Brasseaux, Assistant Public Defender (Paul B. DeWolfe, Public Defender of Maryland, Baltimore, MD), on brief, for Petitioner.

Robert Taylor, Jr., Assistant Attorney General (Brian E. Frosh, Attorney General of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before: BARBERA, C.J., BATTAGLIA, GREENE, ADKINS, McDONALD, WATTS, and GLENN T. HARRELL, JR. (Retired, Specially Assigned), JJ.

WATTS, J.

The doctrine of laches, which is both an "affirmative defense" and an "equitable defense[,]" " ‘applies whe[re] there is an unreasonable delay in the assertion of one [party]'s rights and that delay results in prejudice to the opposing party.’ " State Ctr., LLC v. Lexington Charles Ltd. P'ship, 438 Md. 451, 584, 586, 604, 92 A.3d 400, 480, 491 (2014) (quoting Liddy v. Lamone, 398 Md. 233, 244, 919 A.2d 1276, 1283 (2007) ).

We decide: (1) whether, generally, the doctrine of laches may bar the right to seek coram nobis relief, and whether, specifically, the doctrine of laches bars this petitioner's right to seek coram nobis relief; if so, (2) when delay begins for purposes of determining whether the doctrine of laches bars the ability to seek coram nobis relief; and (3) whether, for purposes of determining whether the doctrine of laches bars coram nobis relief, prejudice involves only the State's ability to defend against the coram nobis petition.

We hold that: (1) the doctrine of laches may bar the right to seek coram nobis relief, and barred the petitioner's right to seek coram nobis relief in this case; (2) for purposes of determining whether the doctrine of laches bars coram nobis relief, delay begins when the petitioner knew or should have known of the facts underlying the alleged error; and (3) for purposes of determining whether the doctrine of laches bars coram nobis relief, prejudice may involve not only the State's ability to defend against the coram nobis petition, but also the State's ability to reprosecute.

BACKGROUND

This case arose as a result of Corey Jones ("Jones"), Petitioner, having entered a plea of guilty to a drug offense in the Circuit Court for Baltimore City ("the circuit court") in 1999 and thirteen years later, in 2012, filing a petition for coram nobis relief after being subject to sentencing as an armed career criminal¹ in the United States District Court for the District of Maryland. In bringing the petition for coram nobis relief, Jones contended that he pled guilty to an offense other than possession of heroin with intent to distribute, one of the predicate offenses to be used for his enhanced sentence in federal court.

Specifically, on May 28, 1999, in the circuit court, in Case Number 299148035, the State charged Jones with distribution of heroin (Count I), use of a minor for the purpose of distributing heroin (Count II), possession of heroin with the intent to distribute (Count III),² and possession of heroin (Count IV).

On September 14, 1999, the circuit court conducted a guilty plea proceeding. Jones's guilty plea proceeding was conducted simultaneously with that of another individual, Charles Turner ("Turner"). The transcript begins with the following statement by the prosecutor: "Your Honor, we have, I understand, agreements on State versus Charles Turner, 299092045.... [a]nd State versus Corey Jones, 299148034 and 035." Jones's counsel stated that she was both appearing on Jones's behalf and "standing i[n]" for Turner's counsel.³ The prosecutor stated: "[W]e would be proceeding under Count II of the case ending in 035.... [s]ix years, suspending all but the first eighteen months, three years['] probation."⁴ Count II of Case Number 299148035 was use of a minor for the purpose of distributing heroin.

During the guilty plea colloquy, Jones's counsel elicited the following information from Jones.⁵ Jones was thirty-five years old, had completed the ninth grade, and could read and understand English. Jones was not under the influence of any drugs, alcohol, or medications that could have clouded his thinking. Jones had never been a patient in a mental hospital or under the care of a psychiatrist or psychologist.

The prosecutor read a statement of facts, which we set forth below:

With respect to Corey Jones, on April the 3rd, 1991,^[6] at approximately 12:30 in the afternoon, Officer Shawn Johnson of Western District Baltimore City Police was in a covert position to walk the 1100 block of North Stricker Street in Baltimore City for suspected drug transactions when he observed the Defendant identified in the courtroom today as Mr. Corey Jones, and another individual later identified as a Juvenile, last name of Thompson, [and] a clear sandwich [bag] containing white objects. Mr. Thompson then entered 1103 North Stricker Street and came back out to the street. Both individuals were heard yelling, "Rough rider, rough rider out."

An unidentified individual approached Mr. Thompson, the juvenile, and engaged in a brief conversation. Mr. Thompson then went back into the building of 1103 North Stricker, which was later identified as a vacant dwelling and gave the individuals a small white object in exchange for U.S. currency. After observing such actions two to three times, [O]fficer Johnson believed he witnessed a narcotics transaction, called for an arrest team.

Both individuals were stopped. A clear sandwich bag was recovered inside the dwelling. 21 gelatin capsules of suspected heroin were inside. It appeared to the officer to be the same guy [sic] that he had seen Mr. Jones handing over to Mr. Thompson. $38 U.S. currency was found on Mr. Jones'[s] person; $10 U.S. currency was found on Mr. Thompson. The suspected controlled dangerous substance was subsequently tested and found to be a controlled dangerous substance, Schedule I, heroin. I would submit the chemical analysis to the Court as State's Exhibit 1.

The circuit court found that the facts sufficed to support Jones's guilty plea, entered a verdict of guilty, and sentenced Jones to six years of incarceration, with all but eighteen months suspended and with credit for time served, followed by three years of supervised probation. The circuit court stated explicitly: "I find then those facts are sufficient to support the plea." During the guilty plea colloquy, Jones's counsel had informed Jones and Turner that they were "each pleading guilty to a count of possession with intent to distribute." In response, Jones stated, "[y]es, ma'am[,]" indicating that he understood that he was pleading guilty to possession of heroin with intent to distribute. The circuit court found that Jones's guilty plea was "knowing and voluntary."

Nonetheless, the docket entries state that Jones pled guilty to use of a minor for the purpose of distributing heroin in Case Number 299148035, and that all three other charges, including possession of heroin with the intent to distribute, were dismissed or closed in Case Number 299148035.

At the conclusion of the guilty plea proceeding, Jones's counsel advised Jones of his right to apply for leave to appeal within thirty days. Jones failed to move to withdraw his guilty plea, move for a new trial, apply for leave to appeal, move to set aside an unjust or improper verdict, or petition for post-conviction relief.

On August 24, 2005, Jones pled guilty to violating the order of probation.⁷ The circuit court sentenced Jones to three years of incarceration.⁸

On July 23, 2012, in the United States District Court for the District of Maryland, Jones pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). Due, in part, to his 1999 conviction in the Circuit Court for Baltimore City, Jones was subject to a mandatory minimum of fifteen years of incarceration under 18 U.S.C. § 924(e)(1), the statute known as the Armed Career Criminal Act. But for this conviction, Jones would have been subject to a maximum of ten years of incarceration under 18 U.S.C. § 924(a)(2).

On October 9, 2012, Jones filed a petition for a writ of error coram nobis in the circuit court. In the coram nobis petition, Jones contended that his 1999 guilty plea was involuntary because he had not been informed of the elements of the offense or nature of the charge to which he pled guilty; Jones argued that the transcript of the guilty plea proceeding left unclear whether he had pled guilty to use of a minor for the purpose of distributing heroin or possession of heroin with the intent to distribute. On November 27, 2012, the State filed a response to the coram nobis petition in the circuit court. In the response, the State contended that the doctrine of laches barred Jones from seeking coram nobis relief; alternatively, the State argued that Jones's 1999 guilty plea was voluntary.

On December 7, 2012, the circuit court conducted a hearing on the coram nobis petition. The State called as a witness Officer Johnson, the officer who had seen Jones on April 3, 1999 (the day of Jones's arrest).⁹ Officer Johnson testified that, after reviewing the statement of charges¹⁰ and an "offense report" he had prepared in connection with the case, he had no independent recollection of Jones or the arrest. Officer Johnson testified that he had looked for, but could not find, the folder from the Baltimore Police Department for Jones's case.

In an order dated January 18, 2013, the circuit court granted the coram nobis petition. The State appealed, and, in an opinion dated November 25, 2014, the Court of Special Appeals reversed, holding that the doctrine of laches barred the coram nobis petition. See State v. Jones, 220 Md.App. 238, 242, 103 A.3d 745, 748 (2014). On January 12, 2015, Jones filed in this Court a petition for a writ of certiorari in which he raised the following two issues: (I) "Did the Court of Special Appeals err when it held that the doctrine of laches barred [ ] Jones from seeking coram nobis relief?"; and (II) "Was ...