Brown v. State, 454 Md. 546

Summary

The Maryland Court of Appeals held that a defendant charged with misdemeanors by information in circuit court is not entitled to a preliminary hearing under Maryland Criminal Procedure § 4-102. The court interpreted the phrase “in any other case” to refer to cases involving felonies within the jurisdiction of the District Court and affirmed that the misdemeanor case could proceed without a preliminary hearing.

Holdings

1. Under Maryland Criminal Procedure § 4-102, a defendant charged with misdemeanors by information in circuit court is not entitled to a preliminary hearing. The phrase "in any other case" in § 4-102(2) refers to cases in which a defendant is charged by information with a felony within the jurisdiction of the District Court.
2. The circuit court improperly dismissed the charges because Brown was not entitled to a preliminary hearing before being prosecuted by information for misdemeanors in circuit court.

Questions Presented

1. Whether a defendant charged with misdemeanors by criminal information in circuit court is entitled to a preliminary hearing under Maryland Criminal Procedure § 4-102(2).
2. Whether the circuit court properly dismissed the misdemeanor charges because no preliminary hearing had occurred.

Disposition

affirmed