Kranz v. State
Kranz v. State
Opinion
We consider in this case whether a trial court or, as here, an appellate court is divested of jurisdiction over a timely-filed petition for post-conviction relief if, during litigation of the petition, the petitioner is no longer "in custody" for purposes of the Maryland Uniform Postconviction Procedure Act ("UPPA"), Maryland Code Annotated, Criminal Procedure ("CP") §§ 7-101 to 7-109. We hold that jurisdiction under the UPPA is determined upon the filing of the petition and, barring a procedural default by the petitioner, is not defeated upon the petitioner's release from custody prior to completion of full review, including any appellate review, of the case. We therefore reverse the judgment of the Court of Special Appeals, which came to the opposite conclusion.
I.
Background and Procedural History
Following a jury trial in the Circuit Court for Cecil County, Petitioner William Kranz was convicted of two counts each of first-degree assault and reckless endangerment. On July 31, 2009, the court sentenced Petitioner to ten years' imprisonment, five of which were suspended, and three years' supervised probation. On direct appeal, the Court of Special Appeals affirmed the judgment of conviction.
Kranz v. State
, No. 1548 (Md. Ct. Spec. App. Nov. 9, 2010),
cert. denied
,
On February 17, 2012, Petitioner filed a timely petition for post-conviction relief.
1
He contended that the State had committed a violation under
Brady v. Maryland
,
On August 31, 2016, more than three years after Petitioner filed the application for leave to appeal, the Court of Special Appeals granted the application and placed the case on its regular appeals docket. Petitioner briefed the merits of his claim that the State had committed a Brady violation. The State, in addition to responding to the merits of that claim, included a motion to dismiss the appeal. In support of dismissal, the State made two arguments: First, Petitioner was no longer incarcerated, on parole, or on probation, and therefore was not "in custody" for purposes of CP § 7-101 of the UPPA, rendering the case moot; second, Petitioner's loss of "in-custody" status divested the Court of Special Appeals of jurisdiction to consider the appeal.
The Court of Special Appeals issued a reported opinion granting the State's motion to dismiss the appeal.
Kranz v. State
,
In reaching that decision, the Court of Special Appeals relied principally on
McMannis v. State
,
Upon the Court of Special Appeals' dismissal of the appeal, Petitioner sought further review in this Court. We issued a writ of certiorari to consider whether the full expiration of a petitioner's sentence during the litigation of a timely-filed post-conviction petition divests the courts of jurisdiction over the action.
Kranz v. State
,
II.
The Parties' Contentions
Petitioner argues that appellate courts retain jurisdiction to review petitions for post-conviction relief, even if the petitioner is no longer in custody at the time of review, so long as the petitioner filed the petition while "in custody," as that term is employed in the UPPA. Such a rule, in
Petitioner's view, is consistent with the holding of this Court in
McMannis v. State
,
The State disagrees not only with Petitioner's read of the UPPA but also his assessment of the impact of
McMannis
and
Carafas
. The State also looks to
Obomighie v. State
,
We begin with
Carafas
. Petitioner James Carafas was tried in a New York state court, convicted of certain crimes, and sentenced to a term of incarceration.
New York argued that the case was moot because Carafas, having fully served his sentence, no longer was eligible for habeas corpus relief. For that proposition, New York evidently relied on a per curiam opinion of the Court,
Parker v. Ellis
,
The
Parker
Court held that the expiration of the petitioner's sentence rendered the case moot, leaving the Court "without jurisdiction to deal with the merits of petitioner's claim."
Over a vigorous dissent by Chief Justice Warren, joined by Justices Black, Douglas, and Brennan, the Court remanded the case to the Court of Appeals with the direction "to vacate its judgment and to direct the District Court to vacate its order and dismiss the application."
In
Carafas
, the Supreme Court first rejected New York's claim that the case was moot.
New York further argued that because appellate review had not yet concluded, Carafas's release from any form of custody before securing Supreme Court review of his case divested the Supreme Court of jurisdiction to address the merits of his claim.
Instructive for our purposes, the holding of
Carafas
is not based on or limited to the facts presented in that case. The holding of
Carafas
is much broader, establishing that once federal jurisdiction attaches by filing a habeas petition, the federal trial and appellate courts retain jurisdiction to entertain the petition, even if at some point during the litigation the petitioner is no longer "in custody" for purposes of that statute.
This Court relied to a certain extent on
Carafas
in deciding
McMannis
. In 1970, McMannis pled guilty to charges of felony storehouse breaking and theft.
McMannis attempted to have the West Virginia sentence reduced by challenging the validity of the earlier Maryland conviction.
This Court affirmed the intermediate appellate court, though on different grounds.
We then turned to the State's alternative argument that the post-conviction court had no jurisdiction to entertain McMannis's petition because at the time of filing, he was no longer in custody for purposes of the post-conviction statute.
Id.
at 539,
This Court rejected McMannis's argument, concluding that the custody requirement in § 645A(a) was "jurisdictional" and therefore "supersede[d]" the language in § 645A(e) that permitted the filing of a post-conviction petition "at any time."
Obomighie
Unlike the petitioner in
McMannis
, petitioner Obomighie filed his post-conviction
petition while in custody but was released from custody before the circuit court held a hearing on the petition.
The Parties' Respective Views of the UPPA in Light of Carafas, McMannis, and Obomighie
Petitioner's Perspective
Petitioner argues here that
Obomighie
was wrongly decided and
McMannis
should stand, although it contains dicta that requires clarification. Petitioner points out what he sees as a fundamental factual distinction between the two cases: Obomighie was in custody when he filed his petition for post-conviction relief, and McMannis was not. As a consequence, Petitioner argues, only Obomighie, but not McMannis, satisfied the in-custody "jurisdictional" requirement of the post-conviction statute. In Petitioner's view, the substantively identical language in Article 27, § 645A(a) that is now CP § 7-101, when read in conjunction with other provisions of the post-conviction statute, dictates that a court's jurisdiction over a post-conviction petition is controlled by the time of filing. Petitioner directs us to the holding of the
McMannis
Court: "McMannis was not in the custody of the State of Maryland within the meaning of [former] Art. 27, § 645A(a) when this
petition was filed, and consequently the Circuit Court for Allegany County was without jurisdiction to entertain the claim for relief under the Post Conviction Procedure Act."
As Petitioner sees it, the Court of Special Appeals erred in Obomighie by drawing upon certain dicta in McMannis to reason that courts would be divested of jurisdiction to entertain an otherwise properly filed post-conviction petition when, at some point after filing, the petitioner was no longer in custody. For that proposition, Petitioner points to several provisions of the UPPA. He asks us to read them together so that no language or provision is rendered nugatory or contradictory to other provisions. He reasons as follows: CP § 7-101 establishes that the UPPA "applies to a person convicted in any court in the State who is: (1) confined under sentence of imprisonment; or (2) on parole or probation." CP § 7-102(a), in turn, provides that a person who satisfies the custody requirement "may begin a proceeding under this title in the circuit court for the county in which the conviction took place ... if the person claims" a constitutional violation in the conviction or sentence; lack of jurisdiction over the sentence; an illegal sentence; or that the sentence is otherwise subject to collateral attack. There may be only one petition, CP § 7-103(a), which may be filed "at any time," CP § 7-102(a), so long as the petitioner satisfies the custody requirement of CP § 7-101 and, absent "extraordinary cause," the petition is filed within ten years from the imposition of sentence, CP § 7-103(b).
Petitioner also views CP § 7-109 as important to a proper interpretation of the UPPA. That section addresses appellate review of the post-conviction court's disposition of the petition and provides in subsection (b)(3)(ii) that "[i]f the application for leave to appeal is granted," "the Court of Special Appeals may [ ] affirm, reverse, or modify the order appealed from; or [ ] remand the case for further proceedings." Petitioner argues that "[n]othing in the language of § 7-109 [ ] suggests that the right to apply for leave to appeal [and, if the application is granted, the right to pursue the appeal on its merits] is limited to convicted persons who are still in custody" when they pursue such relief.
Petitioner contests the Court of Special Appeals' analysis of the interplay between CP §§ 7-101 and 7-109 : "The reasoning of the Court of Special Appeals,
i.e.
, 'that the custody requirement of CP § 7-101 takes precedence over the appeals provisions of CP § 7-109,' overlooks the presumption that the General Assembly 'intends its enactments to operate together as a consistent and harmonious body of law.' "
State v. Bey
,
Petitioner further asserts that the UPPA is consistent in purpose with the federal habeas statute,
Petitioner also asks this Court to bear in mind that the UPPA, as a remedial statute,
Douglas v. State
,
The State's Perspective
The State urges affirmance of the opinion of the Court of Special Appeals. The State asserts two grounds, one of which-that the appeal is moot-was not considered by the intermediate appellate court. The State argues that Petitioner's case is moot because he has been released from custody. To support this contention, the State cites cases in which this Court held that petitions for post-conviction relief are moot where the petitioner was released
from custody prior to the completion of appellate proceedings.
See, e.g.
,
Tucker v. Warden
,
The State's second ground for affirmance, to which it devotes much of its attention, adheres to the intermediate appellate court's analysis. The State contends that the Court of Special Appeals properly determined, under the plain language of the UPPA, that it was divested of jurisdiction to consider Petitioner's claim. The State asserts that, by its terms, the UPPA "applies to a person convicted in any court in the State who is: (1) confined under sentence of imprisonment; or (2) on parole or probation." CP § 7-101. At the time of his appeal, Petitioner was no longer subject to any of these conditions-imprisonment, parole, or probation-to which the remedies under the UPPA apply. Consequently, on its face, the statutory language excludes Petitioner from post-conviction relief, and the intermediate appellate court correctly concluded as much.
The State further argues that its plain language reading of the UPPA is consistent with the legislative history of the statute and case law interpreting the UPPA throughout its development. The State notes that Maryland's first post-conviction statute was codified in 1958 and sought to create a single statutory procedure for collateral attacks to replace the common law writs of habeas corpus and error
coram nobis
when a petitioner was in custody,
see
State v. D'Onofrio
,
The State also points out that, although the National Conference of Commissioners on Uniform State Laws released versions of the Uniform Post-Conviction Procedure Act in 1966 and 1980, neither of which retained a custody requirement, Maryland did not adopt either of the revised versions. Instead, the custody requirement has survived in substantially the same form, even through the 2001 recodification of Article 27 into the Criminal Procedure Article. Moreover, the State claims, this Court has consistently-and from the outset-dismissed applications for leave to appeal where, as here, the applicant had been released from custody.
See, e.g.
,
Tucker
,
IV.
Analysis
Mootness
"Ordinarily, a case becomes moot when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome."
McMannis v. State
,
The
McMannis
Court looked to the Supreme Court's decision in
Carafas
for guidance. "The United States Supreme Court has held that a federal habeas corpus proceeding is not necessarily rendered moot by a petitioner's release from custody, and that where the conviction results in collateral consequences in the form of substantial civil penalties, the claim is not moot."
McMannis
,
Jurisdiction under the UPPA
The ultimate question before us is whether the Court of Special Appeals properly dismissed Petitioner's case because it was divested of jurisdiction at the moment Petitioner was no longer "in custody" for purposes of the UPPA. For reasons that follow, we conclude that jurisdiction under the UPPA is determined upon the filing of a petition for postconviction relief and, absent a procedural default by the petitioner at the outset or any time thereafter, is not defeated upon the release of the petitioner from custody prior to completion of any appellate review. To reach that conclusion, we must look to the UPPA. We rely on the rules of statutory construction in our analysis.
The cardinal rule of statutory construction is to ascertain and effectuate the General Assembly's intent. "[O]ur primary goal is always to discern the legislative purpose, the ends to be accomplished, or the evils to be remedied by a particular provision, be it statutory, constitutional or part of the Rules."
Evans v. State
,
It is settled that when a statute's language is "clear and unambiguous, we need not look beyond the statute's provisions and our analysis ends."
Phillips
,
The meaning of the plainest language is controlled by the context in which it appears."
We begin with the recognition that, read alone, CP § 7-101 could be interpreted as the Court of Special Appeals did here when it dismissed Petitioner's appeal upon his release from custody. But that interpretation of CP § 7-101, while perhaps conforming, at least superficially, to its plain language, ignores the requirement that statutory construction must be reasonable and consistent with the overall legislative scheme and must not render any other provision of the scheme meaningless or nugatory, much less "absurd, illogical, or incompatible with common sense."
State v. Neiswanger Mgmt. Servs., LLC
,
To best understand CP § 7-101, we must read it in the context of the overall legislative scheme that is the UPPA. That is particularly so, given the 2001 recodification of former Article 27, §§ 645A-J to what is now the UPPA. The Revisor's Notes to each of the new sections in Subtitle 1 of the Criminal Procedure Article make clear that they were recodified without substantive change. One need only compare the predecessor and current versions of the post-conviction statute to appreciate that, in the process of recodification, among other non-substantive changes, the text of § 645A was split into various subsections that are now found within Subtitle 1 of the UPPA. Though one might be tempted to read each of the various sections of Subtitle 1 in isolation, the Revisor's Notes imply the opposite: Each section should be read in conjunction with the others to extract a meaning that harmonizes the various provisions. Certainly, any reader of the lengthy paragraph that was former § 645A(a) would have been inclined to do the same.
When we read CP § 7-101 not in isolation but together with other sections of Subtitle 1, we are persuaded that Petitioner has the better part of the argument. The "custody requirement" set forth in CP § 7-101 -"This title applies to a person convicted in any court in the State who is: (1) confined under sentence of imprisonment; or (2) on parole or probation"-must be read in conjunction with CP § 7-102. That section grants a petitioner, who must then be in custody, the right to "begin a proceeding under this title in the circuit court for the county in which the conviction took place at any time." The petitioner must comply with certain conditions that are laid out in that same section. The petitioner's claim or claims must fall within the list of those permitted by CP § 7-102(a)(1)-(4) ; and, as provided by CP § 7-102(b)(1) and (2), the petitioner must "seek[ ] to set aside or correct the judgment or sentence," and the alleged error must not have "been previously and finally litigated or waived." Sections 7-101 and 7-102 must be read together with CP § 7-103, which prescribes the number of petitions (one) and the time within which the petition must be filed (within ten years after the sentence was imposed). The remaining provisions of Subtitle 1 further address, for example, the terms "finally litigated" and "waived," CP § 7-106 ; provide the right to counsel and a hearing, CP § 7-108 ; and, of relevance here, provide the right to file an application for leave to appeal from a final circuit court order, CP § 7-109.
Reading Subtitle 1 as a whole leads us to conclude that the more reasonable construction of CP § 7-101 is to require the petitioner to be "in custody" at the time of filing and not, as the State would have it, to require the petitioner to remain in custody throughout litigation of the petition, including the appeal, if any.
We disagree with the State that even in the thirty years since
McMannis
was decided, this Court has consistently restricted post-conviction relief to those petitioners who remained in custody until full completion of litigation. For that proposition, the State cites
Ruby v. State
,
As for
Randall Book Corp.
, under no circumstances could that case be read to require that a petitioner remain in custody throughout post-conviction proceedings. There, the petitioner's sentence was limited to the payment of fines, and we held that the predecessor to the UPPA was therefore inapposite because it "applies only to persons who are 'either incarcerated under sentence of death or imprisonment or on parole or probation.' "
We also find unconvincing the State's contention that the General Assembly's apparent non-responsiveness to the Uniform Law Commission's Uniform Post-Conviction Procedure Act, which eliminated the custody requirement, suggests that the General Assembly intended for petitioners to remain in custody throughout post-conviction appellate proceedings. The Revisor's Notes to the 2001 recodification of the Criminal Procedure Article reflect no such intention, and we can find no Maryland case-save Obomighie , which we overrule today-to support the claim.
Finally, though we are not required to duplicate here the Supreme Court's treatment of the federal habeas statute in
Cafaras
, we are persuaded nonetheless to follow it. Before the Supreme Court was
the question whether the Court was divested of jurisdiction to consider the petitioner's application for writ of habeas corpus because he was released from custody before the completion of appellate review.
Like Carafas, Petitioner's path to correct an alleged injustice has been long and, so far, unfruitful. Petitioner was convicted in 2009 and, like Carafas, "has been attempting to litigate his constitutional claim ever since"-first on direct appeal and then through post-conviction relief.
That we are persuaded by the reasoning underlying the Carafas decision is not to say, however, that our holding applies only to those who have suffered such delays. Rather, as in Carafas , our holding is broader: Whenever a timely petition for post-conviction relief is filed, absent the petitioner's procedural default at any point in the process, Maryland courts retain jurisdiction throughout consideration of the petition, including appellate review, notwithstanding any intervening release from custody.
Clarifying McMannis and Overruling Obomighie
We also take this opportunity to clarify the reach of our decision in McMannis . McMannis simply established the jurisdictional requirements of filing, which are satisfied if a petitioner is in custody at the time he or she files a petition for post-conviction relief. This Court's dicta notwithstanding, that case should not be interpreted to require custody at every stage of post-conviction proceedings or to divest a reviewing court of jurisdiction if the petitioner is released from custody. Accordingly, our holding today-that courts retain jurisdiction even if the petitioner is released from custody after filing-is not in conflict with and does not require overruling that decision.
Our holding today does mandate overruling the Court of Special Appeals' decision in
Obomighie
. Obomighie filed his petition in circuit court while on probation. Seven days later, he completed his probation, and therefore was no longer in
custody, but the circuit court had not yet held a hearing on the petition.
V.
Conclusion
For the foregoing reasons, we reverse the Court of Special Appeals' judgment dismissing the appeal and remand the case to that court to consider the merits of Petitioner's appeal.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. WE REMAND TO THAT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY RESPONDENT.
Hotten, J., dissents.
Hotten, J.
Respectfully, I dissent and would affirm the judgment of the Court of Special Appeals.
Maryland Code (2001, 2008 Repl. Vol.), § 7-101 of the Criminal Procedure Article, ("Crim. Proc.") provides:
This title applies to a person convicted in any court in this State who is:
(1) confined under sentence of imprisonment; or
(2) on parole or probation.
As the Court of Special Appeals explained, imbedded in § 7-101 is a "custody" requirement, which must first be satisfied to give an appellate court jurisdiction. As expressed by that Court:
To be eligible for relief under Title 7, the convicted person must, as we explained in Obomighie , be presently either incarcerated or on parole or probation, because Crim. Proc. § 7-101"uses the present tense when it states that '[t]his title applies to a person ... who is ... on parole or probation.' " 170 Md. App. [708], 711,908 A.2d 132 , [134 (2006) ] (emphasis added). And, concomitantly, as we further explained, the language, in Crim. Proc. § 7-101, setting forth those to whom the Act applies, "is equivalent, under the doctrine of expressio unius , to saying that people who do not meet [the 'custody' requirement] are ineligible" for postconviction relief "because they are outside the scope if the statute."Id.
Kranz v. State
,
I agree with the Court of Special Appeals that Petitioner was neither "confined under sentence of imprisonment," or "on parole or probation" during the pendency of his appeal, thereby divesting the appellate courts of jurisdiction. Accordingly, I respectfully dissent.
Petitioner filed the petition within ten years following imposition of his sentence, as required by the UPPA without the need to show "extraordinary cause." CP § 7-103(b) ("Unless extraordinary cause is shown, a petition under this subtitle may not be filed more than 10 years after the sentence was imposed.").
Apparently, the
Carafas
Court reasoned that the 1966 amendments to the statute contemplated this expansive relief.
See
Subsection 645A(a)(1) read, in pertinent part:
(a) Right to institute proceeding to set aside or correct sentence; time of filing initial proceeding .-(1) Subject to the provisions of paragraphs (2) and (3) of this subsection, any person convicted of a crime and either incarcerated under sentence of death or imprisonment or on parole or probation ... may institute a proceeding under this subtitle in the circuit court for the county to set aside or correct the sentence[.]
Subsection 645A(a)(2) provided that only one petition may be filed and, "[u]nless extraordinary cause is shown," may not be filed more than ten years from the imposition of sentence. The substance of former § 645A(a)(2) can now be found in CP § 7-103(b).
Subsection (a)(3) generally provided for the time within which a petition may be filed in a death penalty case. The substance of former § 645A(a)(3) is not addressed in the present version of the UPPA, as Maryland abolished the death penalty in 2013.
Each provision pertinent here that was housed in either § 645A or § 645J of Article 27 now resides in subtitle 1 of Title 7. CP §§ 7-101 to 7-109. The Revisor's Notes accompanying the newly codified Title 7 of the Criminal Procedure Article state that all sections were recodified without substantive change.
In 1995, the General Assembly amended § 645A(a) to add subsection (2)(ii), which reads: "[A] petition under this subtitle may not be filed later than 10 years from the imposition of sentence."
We do not address, beyond this note, the State's argument that the availability of coram nobis relief should play a role in our interpretation of the UPPA. It is enough to say here that the availability of that common law writ does not bear on the interpretive task before us, which is to discern the reach of the UPPA.
See Dep't Legis. Servs., Collateral Consequences of a Criminal Conviction 23-32 (2009), https://perma.cc/ZE5G-YPEQ (last visited June 18, 2018) (listing the "Professional Licensure Felony Conviction Restrictions in Maryland").
Reference
- Full Case Name
- William Louis KRANZ v. STATE of Maryland
- Cited By
- 16 cases
- Status
- Published