Brogden v. State

649 A.2d 1196, 102 Md. App. 423, 1994 Md. App. LEXIS 163
CourtCourt of Special Appeals of Maryland
DecidedDecember 2, 1994
DocketNo. 318
StatusPublished
Cited by20 cases

This text of 649 A.2d 1196 (Brogden v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brogden v. State, 649 A.2d 1196, 102 Md. App. 423, 1994 Md. App. LEXIS 163 (Md. Ct. App. 1994).

Opinion

ALPERT, Judge.

Alfred Brogden, appellant, was convicted by a jury in the Circuit Court for Baltimore City (Hammerman, J. presiding) of possession of cocaine with intent to manufacture and distribute and simple possession of cocaine. The court merged simple possession into the greater offense and sentenced appellant to eight years imprisonment. In this appeal, appellant argues the following:

[426]*426I. The trial court erred by striking the first jury that was selected,
II. The trial court erred by admitting hearsay testimony, and
III. The trial court erred by refusing to permit the defense to call a witness who had already been called by the State.

We find these arguments to be without merit and affirm the judgment of the trial court.

Appellant was standing near a Baltimore City street corner when a police car carrying three officers pulled up. The driver of the car, Officer Randy Pope, saw appellant drop two small containers from his left hand. All three officers exited the car, and Officer Pope went to investigate the items that appellant had dropped. The other two officers, Officer Ellison James and Detective Anthony Gingles, asked appellant to come speak with them; appellant complied. Officer Pope ascertained that the containers appellant dropped contained a total of 40 small bags of what was suspected to be cocaine. The officer then placed appellant under arrest. Subsequent analysis established that the substance in' the bags was, in fact, cocaine.

Discussion

I

The Jury

After a jury and two alternates were selected and pronounced acceptable by both the prosecutor and defense counsel, but before the jurors were sworn, the court announced: “The panel may be acceptable to the parties, but I do not believe necessarily that the panel is acceptable to the court. It seems to me that we have a very real Batson

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Bluebook (online)
649 A.2d 1196, 102 Md. App. 423, 1994 Md. App. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brogden-v-state-mdctspecapp-1994.