2656/25•Reed, Robert Anthony v. State
Testo completo
Circuit Court for Prince George’s County Case No. CT922030X *This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis nor may it be cited as persuasive authority. UNREPORTED IN THE APPELLATE COURT OF MARYLAND No. 2656 September Term, 2025 ______________________________________ ROBERT ANDREW REED v. STATE OF MARYLAND ______________________________________ Wells, C.J., Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 9, 2026
‒Unreported Opinion‒ Following a 1993 jury trial in the Circuit Court for Prince George’s County, Robert Andrew Reed, appellant, was convicted by a jury of second-degree sexual offense and battery. This Court affirmed the judgments in an unreported opinion. Reed v. State, No. 702, Sept. Term 1993 (filed Mar. 11, 1994). In November 2025, appellant filed a “Motion for Relief from Judgment” pursuant to Federal Rule of Civil Procedure 60(b)(4), claiming that because there “was never any sworn affidavit from any victim or witness[,]” the prosecutor committed a fraud upon the court and the court lacked subject matter jurisdiction. The court denied the motion without a hearing. This appeal followed. On appeal, appellant contends that the court erred in denying the motion for relief from judgment. The State disagrees and has also moved to dismiss the appeal as not allowed by law. For the reasons that follow, we shall grant the motion to dismiss the appeal. Appellant cites to no authority authorizing the motion he filed in the circuit court. And we are aware of none. For that reason alone, the circuit court did not err in denying appellant’s motion. Moreover, in our view, appellant is not entitled to pursue a direct appeal from a proceeding unauthorized by law. “In Maryland, criminal defendants do not have a constitutional right to appeal. Instead, the right to seek appellate review is statutory; the Legislature can provide for, or preclude, it.” Douglas v. State, 423 Md. 156, 170 (2011) (cleaned up). Section 12-301 of the Courts & Judicial Proceedings Article provides, with exceptions not here pertinent, that “a party may appeal from a final judgment entered in a civil or criminal case by a circuit court.” “A final judgment is one that either determines and concludes the rights of the parties involved or denies a party the means to prosecute or
‒Unreported Opinion‒ 2 defend his or her rights and interests in the subject matter of the proceeding.” Douglas, 423 Md. at 171 (cleaned up). The motion appellant filed in this case is not recognized by law in a criminal case. Its denial, therefore, does not constitute a final judgment and is not, therefore, appealable. If we were to hold that the denial of this motion was appealable, then litigants who invent their own method of litigation unauthorized by law would then create for themselves greater appellate rights than litigants who follow extant law and procedure. That cannot be the law. Consequently, pursuant to Maryland Rule 8-602, we dismiss this appeal. MOTION TO DISMISS APPEAL GRANTED. COSTS TO BE PAID BY APPELLANT.
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