Hughes v. State

*230 Murphy, C. J.

dissenting:

The Court today holds that the Fourteenth Amendment’s "fundamental fairness” formulation bestows upon an accused in a criminal case a constitutional right to be present when, under Maryland Rule 746 b, the Administrative Judge determines whether to grant the defendant’s motion for a postponement of his scheduled trial date to permit him to retain other counsel. The Court purports to limit its holding to the particular facts of this case, concluding that because a "fair and just hearing [on the motion for postponement] was thwarted by the absence of the defendant,” his…