Opinion
1202-2022
06-06-2023
ANDRE WILLIAMS v. CRAIG ROWE
Circuit Court for Washington County Case No.: C-21-CV-22-000259
Leahy, Albright, Woodward, Patrick L. (Senior Judge, Specially Assigned), JJ.
OPINION [**]
PER CURIAM
Andre Walter Williams, appellant, was charged with armed robbery, second-degree burglary, false imprisonment, kidnapping, and six related offenses. In 2015, a jury in the Circuit Court for Washington County convicted Williams of every count with the exception of kidnapping, which the State had nolle prossed. In 2021, following a belated post-conviction appeal, this Court reversed Williams's convictions because the circuit court failed to comply with Maryland Rule 4-215, and remanded the case for further proceedings. Williams v. State, No. 2792, Sept. Term, 2018, 2021 WL 240305, at *8-9 (App. Ct. Md. Jan. 25, 2021). While awaiting retrial, Williams filed a Petition for Habeas Corpus in the circuit court as an action separate from his criminal case seeking to dismiss his indictment. In August 2022, the circuit court denied Williams's petition, and he timely noted this appeal. Motions alleging defects in charging documents must be filed in the circuit court in the case in which they allege error-not in separate actions. See Md. Rule 4-252. Consequently, the circuit court did not err in denying Williams's petition.
JUDGMENT OF THE CIRCUIT COURT FOR WASHINGTON COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
[*]At the November 8, 2022, general election, the voters of Maryland ratified a constitutional amendment changing the name of the Court of Special Appeals of Maryland to the Appellate Court of Maryland. The name change took effect on December 14, 2022.
[**]This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.