State v. Walker
11 A.3d 811
Md.2011Background
- Walker was convicted of second-degree assault; she claimed OPD denial of representation due to indigency, and could not afford private counsel.
- The trial court did not conduct an independent indigency inquiry after Walker disclosed OPD denial and ongoing inability to pay.
- The Court of Special Appeals reversed, relying on Thompson v. State to require independent indigency inquiry when OPD denies representation.
- The State argued Thompson applied only to former Rule 723; current Rule 4-215/4-202 changes did not affect Thompson.
- Maryland law provides indigent defense via OPD, court-appointed counsel, or private counsel with indigency determination by courts.
- The Court examined whether Rule 4-215 requires a court to independently assess indigency when OPD denies counsel and the defendant claims poverty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson governs independent indigency inquiry under current rules | Walker wants independent inquiry despite rule changes | State argues Thompson predated current rule changes and is limited | Thompson applies; trial court must independently determine indigency |
| Whether the charging-document notice suffices to waive counsel | Waiver inquiry not satisfied by charging document alone | Current rule 4-202(a)(7) informs rights adequately | Charging document notice alone insufficient to waive indigent-counsel rights |
| Remedy for 4-215 error when indigency inquiry is omitted | Limited remand might remedy but not adequate here | Limited remand preferable to new trial | Limited remand not proper; new trial may be required |
Key Cases Cited
- Thompson v. State, 284 Md. 113 (Md. 1978) (indigent-defense independent inquiry required when OPD declines)
- Baldwin v. State, 51 Md.App. 538 (Md. App. 1982) (waiver advisements and indigence considerations discussed)
- Davis v. Slater, 383 Md. 599 (Md. 2004) (interpretation of Maryland Rules in waiver of counsel)
- Johnson v. State, 355 Md. 420 (Md. 1999) (Sixth Amendment and right to counsel context in Maryland)
- Office of the Public Defender v. State, 413 Md. 411 (Md. 2010) (courts must independently determine indigency; OPD not final)
- Mitchell v. State, 337 Md. 509 (Md. 1995) (remand vs. new trial for 4-215 error; substantial-right concerns)