Butler v. State

667 A.2d 999, 107 Md. App. 345, 1995 Md. App. LEXIS 195
CourtCourt of Special Appeals of Maryland
DecidedDecember 4, 1995
DocketNo. 338
StatusPublished
Cited by11 cases

This text of 667 A.2d 999 (Butler 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
Butler v. State, 667 A.2d 999, 107 Md. App. 345, 1995 Md. App. LEXIS 195 (Md. Ct. App. 1995).

Opinion

CATHELL, Judge.

Appellant, Maurice Thomas Butler, and three others were charged by criminal indictment with numerous drug-related offenses. Following a three-day trial, a jury in the Circuit Court for Prince George’s County found him guilty of the distribution of cocaine, possession of cocaine, and conspiracy to distribute cocaine. Appellant was sentenced to two concurrent twelve-year sentences for the distribution and conspiracy charges; the court merged the possession charge with the distribution charge. This appeal follows, in which appellant presents these questions for our review:

1. Did the lower court err in sustaining the [Sjtate’s objections to proper cross-examination and in refusing to require the [Sjtate’s witness to give his notes and written report to defense counsel for purposes of cross-examination?
2. Did the lower court err in admitting hearsay testimony not coming within any recognized exception to the rule prohibiting hearsay?

STATEMENT OF FACTS1

In August and September of 1994, the Prince George’s County Police Department, in coordination with the Federal Bureau of Investigation, ran Operation Hornet. The Operation focused on high priority drug areas within the County, as identified by citizens’ complaints. One such location was the 4400 Club, named, appropriately, because it is in the 4400 block of Rhode Island Avenue in the Hyattsville-Brentwood area.

[349]*349According to his own testimony, FBI Special Agent Raymond Bloomer Jr. was in charge of the Operation at that location. He testified that, on September 1, 1994, he began his surveillance of the area at 6:00 p.m., and it continued for about one and a half hours. During that time, he observed what he believed to be, based upon his training and experience, drug-related activity. Eventually, the Agent’s attention focused upon appellant and three others, all of whom he believed to be working in concert. In particular, the Agent observed Ward meeting with the three others, including appellant, at different times and places prior to the later purchase of narcotics by an undercover officer.

To confirm his suspicions, Agent Bloomer called upon Prince George’s County Police Detective Paul Owens to attempt an undercover purchase of drugs. Detective Owens testified that he, accompanied by another detective, drove their car through the parking lot of the 4400 Club, but were not approached. The detectives circled the block and, on their second pass, were approached by Ward, who asked Detective Owens what he wanted. Detective Owens knew this to mean that Ward was asking what kind of drugs he wanted to purchase and in what amount. The Detective responded that he wanted a “fifty,” which, according to the Detective, is the “street” terminology for fifty dollars worth of cocaine. Ward directed the detectives where to wait and indicated that he would return momentarily. At that point, Ward walked up the street, turned a corner, and was out of the Detective’s sight. When he returned, two to three minutes later, he handed Detective Owens two sealed baggies containing two rock-like substances, which the Detective believed to be cocaine. Owens handed Ward two twenty-dollar bills and one ten-dollar bill, the serial numbers of which had previously been recorded by the FBI. Having completed the transaction, the detectives left the area and radioed awaiting officers Ward’s description. Five minutes later, Detective Owens was called back to the scene to identify Ward as the individual who had sold him the suspected cocaine.

[350]*350Detective Joseph Espinosa, also of the Prince George’s County Police Department, testified that he observed Ward approach appellant in the middle of the street and pass currency to him. The Detective then observed both men walking toward the 4400 Club. Detective Espinosa testified that, when he exited his vehicle to effectuate the arrest, and announced the police presence, Ward took flight. Appellant did not flee; instead, he walked into the club. After chasing Ward and aiding in his arrest, Espinosa also went into the club. He thereupon searched appellant, but found no currency, beeper, baggies, or drugs in his possession.

In his defense, appellant called Rose Delaney, his neighbor. She testified that, on the day in question, she saw appellant around six in the evening a short distance from the 4400 Club, called out to him, and asked him to find Anderson for her. She then stated that she started to walk up the street, and, upon reaching the corner, observed appellant, having been arrested by police, lying on the ground. She asked him, “What you doing on the ground for?” He responded, “I don’t know. You just send me up the street. That’s all I know.”

1.

During the cross-examination of FBI Special Agent Bloomer by appellant’s trial counsel, the following exchange occurred:

Q What was Mr. Butler wearing that day?
A Mr. Butler was wearing, I believe it was black, I’m not positive.
Q [Do] [y]ou have any notes with you today that you made during your observations?
A Yes, I do.
Q Perhaps we can ask the Agent to look at them. Perhaps I can look at them as well when he’s finished.
A (The witness complied) This does not say what he was wearing.
[APPELLANT’S COUNSEL]: Your Honor, may I approach the witness? Review the exhibit as well?
[351]*351[STATE’S ATTORNEY]: I object.
THE COURT: Sustained.
[APPELLANT’S COUNSEL]: I think under Horne Leonard I’m allowed to look at his notes for cross-examination purposes, not on discovery, for cross-examination issues.
THE COURT: On this one issue.
[APPELLANT’S COUNSEL]: I think I’m allowed to look at his notes. That the notes might show something relevant for Mr. Butler.
THE COURT: Sustained.
[APPELLANT’S COUNSEL]: Thank you.
BY [APPELLANT’S COUNSEL]:
Q You made note of important things you observed that evening, isn’t that correct?
A Yes.
Q Now did you have any—did you take any photographs of the important observations that you made?
A No, I did not.
Q ... But you did have pen and paper with you?
A Yes.
Q And you wrote down important things?
A Yes.
Q You didn’t write up any official document saying what you saw, isn’t that correct?
A I did. Yes, I did.
Q What would that be?
A An FD 302.
[352]*352[APPELLANT’S COUNSEL]: Your Honor, with the court’s permission, I’d ask to review the document [Agent Bloomer2] wrote up.
[STATE’S ATTORNEY]: I object.
THE COURT: What is this thing?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jefferson v. Graham, Jr.
D. Maryland, 2020
In Re Lavar D.
985 A.2d 102 (Court of Special Appeals of Maryland, 2009)
Massey v. State
917 A.2d 1175 (Court of Special Appeals of Maryland, 2007)
Cecil County Department of Social Services v. Russell
861 A.2d 92 (Court of Special Appeals of Maryland, 2004)
Germain v. State
769 A.2d 931 (Court of Appeals of Maryland, 2001)
Blair v. State
747 A.2d 702 (Court of Special Appeals of Maryland, 2000)
Robinson v. State
730 A.2d 181 (Court of Appeals of Maryland, 1999)
Stouffer v. State
703 A.2d 861 (Court of Special Appeals of Maryland, 1997)
Robinson v. State
699 A.2d 570 (Court of Special Appeals of Maryland, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
667 A.2d 999, 107 Md. App. 345, 1995 Md. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-state-mdctspecapp-1995.