State v. Samples
145 A.3d 634
Md. Ct. Spec. App.2016Background
- Appellee Kelsey Samples was charged in District Court with four misdemeanors (three firearms, one drug) and later a criminal information was filed in the circuit court charging only misdemeanors.
- No preliminary hearing was held in the District Court before the State filed the information in circuit court.
- Samples moved to dismiss in circuit court, arguing CP § 4-102(2) and Md. Rule 4-201(c)(2)(A) require a preliminary hearing before misdemeanors may be charged by information in the circuit court.
- The circuit court granted the motion and dismissed the information without prejudice.
- The State appealed, arguing that CP § 4-102(2)’s phrase “in any other case” refers to felonies within the District Court’s jurisdiction (i.e., other felony scenarios), not misdemeanors, and that misdemeanors may be charged by information without a preliminary hearing.
- The Court of Special Appeals reversed, holding that a defendant charged with misdemeanors is not entitled to a preliminary hearing and the State properly filed an information under CP § 4-102(2).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Samples) | Held |
|---|---|---|---|
| Whether CP § 4-102(2) requires a preliminary hearing before charging misdemeanors by information in circuit court | “In any other case” refers to felony scenarios; misdemeanors need no preliminary hearing so information was proper | “In any other case” means any case other than paragraph (1), thus includes misdemeanors; preliminary hearing required before filing an information | The phrase refers to other felony scenarios; misdemeanors may be charged by information without a preliminary hearing; reversal of dismissal |
Key Cases Cited
- Perkins v. State, 26 Md. App. 526 (Md. Ct. Spec. App. 1975) (preliminary hearing requirement historically aimed at felonies otherwise requiring indictment)
- Powell v. State, 324 Md. 441 (Ct. of Appeals 1991) (preliminary hearing rules regulate procedural movement between courts, not fundamental circuit court jurisdiction)
- Moaney v. State, 28 Md. App. 408 (Md. Ct. Spec. App. 1975) (rules amended common-law indictment requirement; information is now an alternative charging vehicle)
- Allstate Lien & Recovery v. Stansbury, 219 Md. App. 575 (Md. Ct. Spec. App. 2014) (statutory interpretation principles and reading provisions in context)