Abrams v. State

In Abrams v. State, 176 Md. App. 600, 625, n.16, 933 A.2d 887 (2007) the defendant pled guilty to the crime of "uttering." Several years later, he filed a coram nobis petition in which he contended, inter alia, that his conviction should be set aside because the plea court had failed to explain to him the elements of the uttering charge. Id. at 618-19. Abrams asserted that the Bradshaw v. Stumpf, 545 U.S. 175 (2005) decision required that he be advised of the elements of the crime on the record and that no such advice had been given to him. We ultimately held that the plea court gave a sufficient explanation of the crime of uttering and therefore rejected Abrams's contention. In doing so, however, the Court cited Bradshaw, for the following proposition: No longer can a trial judge rely on the presumption that defense counsel has sufficiently explained to the defendant the nature of the defense to which he or she is entering a guilty plea. Instead, the trial judge must either (1) explain to the defendant on the record the nature of the charge and the element of the crime, or (2) obtain on the record a representation by defense counsel that the defendant has been "properly informed of the nature and element of the charge to which he or she is pleading guilty." Footnote 14 reads: The Supreme Court did not address the question of whether a representation by the defendant on the record that defense counsel advised him or her of the nature and elements of the crime will pass constitutional muster. Since Bradshaw, lower courts have been divided on this issue. Compare Jones v. State, 936 So.2d 993, 996-97 (Miss.Ct.App. 2006) (holding a guilty plea invalid where the defendant admitted in writing that his attorney had explained to him the nature and elements of the charge to which he was pleading guilty, but the court never asked defense counsel at the plea hearing whether he had explained the elements to the defendant) with State v. Reid, 277 Conn. 764, 894 A.2d 963, 976 (2006) (upholding a guilty plea because the defendant advised the court at the plea hearing that defense counsel had gone over the law with the defendant as it related to the subject offense). (176 Md. App. at 622-23.)