For "Good Cause"

• Jurisdiction: Maryland

I. For "Good Cause"

Upon motion of a party or the Court's initiative, and for good cause shown, the Court may grant a request to change a trial date. Md. Rule 4-271(b). Good cause depends upon the facts and circumstances in each case and is in the discretion of the judge. State v. Toney, 315 Md. 122, 132, 553 A.2d 696, 701 (1989). Circumstances where good cause has been found to include: (1) unavailability of a judge or courtroom; (2) the inconvenience of trying several co-defendants separately where one co-defendant is not ready to proceed to trial; (3) a defendant's last minute change of mind not to plead guilty; (4) a delay in receiving an evaluation concerning the defendant's mental health; and (5) the discovery of new evidence. Toney, 315 Md. at 132, 533 Md. at 701. Due process may require a postponement to be granted when a charging document has been amended, when new charges are added, or discovery has not been provided in a timely manner. Johnson (Steve) v. State, 358 Md. 384, 387-93, 749 A.2d 769, 770-73 (2000); Thanos v. State, 282 Md. 709, 714, 387 A.2d 286, 290 (1978); Gyant v. State, 21 Md. App. 674, 321 A.2d 815, cert. denied, 272 Md. 742 (1974). A postponement is also appropriate when the defendant is charged with a felony, appears in District Court for a preliminary hearing, and the felony is dismissed, leaving only misdemeanors to be adjudicated. Md. Rule 4-221(e).

Practice Pointer

Counsel should take no shortcuts here when requesting a postponement. Counsel should include every reason for the request for continuance, laying out each reason clearly and concisely.

A. Speedy Trial Considerations

Although the requirement set forth in Md. Code Ann., Criminal Procedure § 6-103 (2018) (hereinafter Crim. Proc. §___) and Md. Rule 4-271(a), that a trial date in the Circuit court be set not later than 180 days after the defendant's first appearance (the "Hicks" Rule) does not apply to the District Court, the Constitutional right to a speedy trial under the Sixth Amendment to the U.S. Constitution and Maryland Declaration of Rights Article 21, however, clearly does. See generally White (Robert) v. State, 223 Md. App. 353, 374, 116 A.3d 520, 533 (2015). Whether the defendant's right to a speedy trial has been violated depends on an analysis of several factors, including the length of the delay, the reason for the delay, the defendant's assertion of the right, and prejudice to the defendant. Glover v. State, 368 Md. 211, 792 A.2d 1160 (2002); Divver...