Jackson v. State State v. Powell

Summary

The Supreme Court of Maryland held that the Hicks-rule dismissal sanction was unavailable in both consolidated cases because defense conduct fell within the exception for seeking a trial date beyond the Hicks date. Mr. Powell’s counsel’s participation in selecting a date after the deadline was tantamount to seeking that date, while Ms. Jackson herself did not expressly consent when she merely acknowledged a date already set. Ms. Jackson’s counsel nevertheless sought the post-deadline date through her words and conduct, so the court affirmed the judgment in her case on different grounds and reversed the judgment in Mr. Powell’s case.