DueProcess Privacy
Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourteenth Amendment of the U.S. Constitution?
QUESTIONS PRESENTED Maryland Rule 4-342(d) Presentence disclosures by the State’s Attorney. Sufficiently in advance of sentencing to afford the defendant a reasonable opportunity to investigate, the State Attorney shall disclose to the defendant or counsel any information that the State expects to present to the court for consideration in sentencing. If the court finds that the information was not timely provided, the court shall postpone sentencing. Provisions of section (d) are mandatory and are not waived by mere failure to object at the time of trial. Dunn v. State 65 Md. App. 637, 501 A.2d. 881 (1985). Since the word “shall” makes it mandatory that the State disclose any evidence it expects to present, and not merely identification of those whom it might call to testify, the giving at a hearing of only a few minutes notice of the intent to call a witness required remand for sentencing. The rule’s purpose here could not be carried out absent the required notice to the defense. Green v. State 127 Md App.758, 736 A.2d 450 (1999). Per Judge McWilliams in Ison v. Phoenix Assurance Company of New York, 259 Md. 564, 570 (1970). Maryland Rules “are not guides to the practice of law but precise rubrics established to promote the orderly and efficient administration of justice and followed.” Black Law Dictionary defines Mandatory: Of, relating to, or constituting a command; required; preemptory. A provision in a statute is said to be mandatory when disobedience to it, or want of exact compliance with it will make the act done under the statute absolutely void. Void: Of no legal effect, null. Void ab initio: Null from the beginning as from the first moment when a contract is entered into or act is done. A contract is void ab initio if it seriously offends law or public policy. Question 1. Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen’s equal protection right under the Fourteenth Amendment of the U.S. Constitution? A void sentence does not exist in law, and no space or time will sustain it. Therefore the Maryland Special Court of Appeals and the Maryland Court of Appeals are enjoined by law to vacate such void sentence. . iL . Upon filing this appeal at the Circuit Court for Anne Arundel County, Judge Laura S. Kiessling, issued an Order To Show Cause why the The Notice of appeal should not be stricken for late filing as prescribed by Maryland Rule 8-204. Upon Filing the affidavit in response to the Order, pursuant to Maryland Rule 8-203(b), the Honorable Judge ordered the leave to appeal be Granted. The Court Of Special Appeals denied the Appeal solely on the ground that it was late in filing as prescribed by Maryland Rule 8-204 without regard to Rule 8-203(b) as required by the Rules and considered by Judge Laura S. Kiessling. The Maryland Court Of Appeals denied a review “as there has been no showing that review by certiorari is desirable and in the public interest”. Maryland Rule 8-204(b). An application for leave to appeal to the Court of Special Appeals shall be filed in duplicate with the clerk of the lower court. The application shall be filed within 30 days after entry of the judgment or order from which the appeal is sought. Rule 8-203(b) Notice. Before the lower court strikes a notice of appeal or application for leave to appeal on its own initiative, the clerk of the court shall serve on all parties pursuant to Rule 1-321 a notice that an order striking the notice of appeal or application for leave will be entered unless a response is filed within 15 days after service showing good cause why the notice or application should not be stricken. Rule 1-204(a) Generally. When these rules or an order of court require or allow an act to be done at or within a specified time, the court, on motion of any party and cause shown, may (3) on motion filed after the expiration of the specified period, : permit the act to be done if the failure to act was the result of excusabl