29 A.3d 286
Md.2011Background
- Thomas was convicted by a jury in Prince George’s County, MD, of carrying a handgun.
- State’s lead witness Williams was impeached by neither her 2007 motor vehicle theft conviction nor the conduct underlying it due to a in limine ruling.
- Williams’s 2007 conviction arose from a guilty plea allegedly entered without counsel, allegedly rendering it unconstitutional.
- Trial court prohibited impeachment of Williams with either the conviction or its underlying conduct, citing due process concerns about the plea procedure.
- Court of Special Appeals affirmed, holding the trial court did not abuse its discretion in denying impeachment by either the conviction or the conduct underlying it.
- Maryland Supreme Court granted review to resolve whether the trial court erred in denying impeachment by a conviction obtained without counsel and the conduct underlying that conviction, and whether under Rule 5-608(b) the conduct underlying the conviction could be used to impeach Williams.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an uncounseled conviction may be used to impeach a witness under Md. Rule 5-609(a). | Thomas argues Rule 5-609(a) allows impeachment by any relevant conviction, despite uncounseled status. | State contends the uncounseled conviction is unreliable and cannot be used for impeachment. | No; uncounseled conviction cannot be used for impeachment. |
| Whether the conduct underlying an uncounseled conviction may be used to impeach a witness under Md. Rule 5-608(b). | Thomas asserts conduct underlying the conviction is probative of untruthfulness and impeachment is allowed. | State argues the underlying conduct cannot be proven by extrinsic evidence due to the defective plea. | Yes; conduct underlying the conviction may be used if a reasonable factual basis for the conduct is shown. |
| Whether the defendant established a reasonable factual basis to inquire about the underlying conduct under Rule 5-608(b). | Proffer of formal admission of guilt by Williams provides the factual basis. | Because the conviction is void for uncounselled plea, the factual basis is merely an accusation rather than proof. | The admission of guilt provided the required reasonable factual basis for inquiry. |
Key Cases Cited
- Loper v. Beto, 405 U.S. 473 (U.S. Supreme Court 1972) (uncounseled convictions cannot be used to impeach credibility)
- von Lusch v. State, 279 Md. 255 (Md. 1977) (connects uncounseled convictions to unreliability for impeachment)
- Beales v. State, 329 Md. 263 (Md. 1993) (theft is an infamous crime relevant to credibility)
- Cox v. State, 298 Md. 173 (Md. 1983) (reasonable factual basis required for prior bad acts; not mere accusations)
- Pantazes v. State, 376 Md. 661 (Md. 2003) (application of 5-608(b) to prior conduct with evidentiary basing)
- King v. State, 407 Md. 682 (Md. 2009) (review standard for trial court discretion under Rule 5-609)