Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Notice of appeal — Statement of indigency

This appeal arises from the Circuit C ourt for Wicomico County’s dismissal of a Notice of Appeal filed by appellant, Brian W. Williams. On May 20, 2014, Williams filed a motion to correct illegal sentence, related to his 1995 conviction for distribution and possession of cocaine. Along with his motion, Williams filed a statement and affidavit which requested the court to waive the filing fees.

On June 3, 2014, the court denied the motion to correct illegal sentence. On June 12, 2014, Williams filed a Notice of Appeal without a separate request to waive fees. On August 11, 2014, the court issued a notice of show cause and ordered Williams to explain why the Notice of Appeal should not be stricken for his failure to pay the filing fee and the cost of preparing the record.

On August 20, 2014, Williams filed a letter, responding to the notice of show cause, advising that a statement of indigency was filed on page seven of the motion to correct illegal sentence, and therefore, his Notice of Appeal should not be stricken. On August 2 5, 2014, the circuit court dismissed Williams’s Notice of Appeal because it deemed his response insufficient. Specifically, the court ruled that Williams failed to comply with Md. Rule 8-201(b), which requires appellant s to deposit the filing fee with the Clerk of Court.

Read the opinion here: