Davis v. State

633 A.2d 867, 333 Md. 27, 1993 Md. LEXIS 175
CourtCourt of Appeals of Maryland
DecidedDecember 9, 1993
Docket114, September Term, 1992
StatusPublished
Cited by107 cases

This text of 633 A.2d 867 (Davis v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State, 633 A.2d 867, 333 Md. 27, 1993 Md. LEXIS 175 (Md. 1993).

Opinions

CHASANOW, Judge.

The Defendant, David Davis, was found guilty of distribution of cocaine and heroin by a jury in the Circuit Court for Baltimore City. Following his sentencing, Davis appealed his conviction, and the Court of Special Appeals affirmed the circuit court. This Court granted certiorari. Davis contends that the circuit court erred in improperly restricting the scope of voir dire during jury selection and in permitting the State to make a missing witness argument to the jury during closing arguments. We find that the circuit court did not err in either respect and affirm the decision of the Court of Special Appeals.

[32]*32I.

On September 25, 1990, Officer Andrew Bratcher of the Baltimore City Police responded to a call regarding an individual selling narcotics in the 2100 block of Barclay Street. Shortly after his arrival, Officer Bratcher observed from his cruiser the Defendant, David Davis, carrying a small white bag in his hand. Davis placed the white bag beside a set of stairs and approached a car. Officer Bratcher then observed Davis hand the car’s driver a small white object. Believing that he had just witnessed a drug transaction, Officer Bratcher exited his cruiser and instructed Davis to place his hands on the top of the purchaser’s car. Davis fled, with Officer Bratcher giving pursuit. After apprehending Davis, Officer Bratcher returned to the location of the suspected sale and recovered the white bag that Davis had concealed along the side of the stairs. The white bag contained 48 capsules of cocaine and 18 wax-paper bags of heroin. Davis was subsequently charged with two counts of distribution of a controlled dangerous substance, two counts of possession of a controlled dangerous substance with the intent to distribute, and two counts of possession of a controlled dangerous substance.

Davis pled not guilty to the charges and requested a trial by jury before the Circuit Court for Baltimore City. During voir dire, Judge David Ross asked the entire venire panel six questions and dismissed several prospective jurors on the basis of their replies. The six questions were as follows:

“1) ... whether any of the prospective jurors had any knowledge or information about this particular case[;]
2) ... whether any of the jurors knew a) the [Defendant], b) defense counsel, c) the assistant state’s attorney, d) Officer Andrew Bratcher, the chief police investigator and only State’s witness; or e) Mary Easley, a witness for the defense[;]
3) ... whether any of the jurors ‘has been or ... has a close relative who has either been the victim of or has been charged with or convicted of a drug related crime[;]’
[33]*334) ... whether any of the jurors is ‘likely to give more or less weight to the testimony of a police officer merely because that person is a police officer!;]’
5) ... whether any of the jurors ‘knows Of anything that would keep him or her from giving a fair and impartial verdict in this case!;]’
6) ... whether any of the jurors ‘knows of any reason why he or she should not sit on the jury in this case.’ ”

Davis v. State, 93 Md.App. 89, 92, 611 A.2d 1008, 1009 (1992) (quoting State v. Davis, No. 591032032, R. at 3-9 (May 29, 1991)).

Thereafter, Davis requested that the trial judge ask the jury panel “whether anyone on the jury has been a member or is a member of the law enforcement community or whether they have a close relative or friend who is such a member____” Davis argued that the judge’s prior “omnibus” questions, pertaining only to whether any member of the panel knew of any reason why they should not sit on the jury, were insufficient. Davis contended that such questions were “unrealistic” and posited for “[w]hat other reason would I get ten peremptory challenges if I cannot make a halfway intelligent decision to strike or not to strike.” The trial judge denied Davis’s request.

At the conclusion of the trial, the jury found Davis guilty of the two counts of distribution of controlled dangerous substances. Davis appealed and the Court of Special Appeals affirmed his conviction. Davis v. State, 93 Md.App. 89, 611 A.2d 1008 (1992). Dissatisfied with the intermediate appellate court’s holding, Davis filed a petition for certiorari, which we granted. Davis v. State, 329 Md. 22, 616 A.2d 1286 (1992).

II.

Davis’s principal contention is that the trial court abused its discretion in refusing to ask whether any of the jurors were, or were associated with, law enforcement personnel. Davis argues that he was entitled to such a question since it may have led to the disqualification for cause of one or more of the [34]*34prospective jurors or, at the very least, would have allowed him to intelligently exercise his peremptory challenges. For the reasons stated below, we disagree.

The principles governing jury voir dire are well established in Maryland. As we have noted on several occasions, there is no statute in Maryland prescribing the manner in which voir dire is to be conducted or regulating the objects of inquiry during voir dire. See Bedford v. State, 317 Md. 659, 670, 566 A.2d 111, 116-17 (1989). Absent any statutory guidance from the General Assembly, this Court has consistently looked .to Maryland’s common law for guidance. The common law of this State vests trial judges "with discretion to regulate voir dire. The trial judge typically questions the prospective jurors, although he or she has discretion to permit counsel to conduct the inquiry. Moore v. State, 7 Md.App. 495, 503, 256 A.2d 337, 341-42, cert. denied, 256 Md. 746, cert. denied, 398 U.S. 913, 90 S.Ct. 1714, 26 L.Ed.2d 76 (1970); Maryland Rule 4-312(d). Additionally, the scope of voir dire and the form of the questions propounded rests firmly within the discretion of the trial judge. Casey v. Roman Catholic Archbishop, 217 Md. 595, 605, 143 A.2d 627, 631 (1958). The trial judge’s discretion regarding the scope of a proposed avenue of voir dire is governed by one primary principle: the purpose of “the inquiry is to ascertain ‘the existence of cause for disqualification and for no other purpose.’ ” McGee v. State, 219 Md. 53, 58, 146 A.2d 194, 196 (1959) (quoting Adams v. State, 200 Md. 133, 140, 88 A.2d 556, 559 (1952) (citations omitted)). Where parties to the litigation direct their inquiries concerning a specific cause for disqualification, they have “a right to have questions propounded to prospective jurors” during voir dire. Casey, 217 Md. at 605, 143 A.2d at 631 (emphasis in original); see Bedford, 317 Md. at 670, 566 A.2d at 116 (“Maryland Declaration of Rights Article XXI guarantees a defendant the right to examine prospective jurors to determine whether any cause exists for a juror’s disqualification.”). “Questions not directed to a specific ground for disqualification but which are speculative, inquisitorial, catechising or ‘fishing’, asked in the aid of deciding on peremptory challenges, may be refused in [35]*35the discretion of the court, even though it would not have been error to have asked them.” McGee, 219 Md. at 58-59, 146 A.2d at 196; see also Kujawa v. Baltimore Trans. Co., 224 Md.

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

Related

Hollins v. State
Court of Appeals of Maryland, 2024
Lewis v. State
Court of Special Appeals of Maryland, 2024
Robson v. State
Court of Special Appeals of Maryland, 2023
Harris v. State
182 A.3d 821 (Court of Appeals of Maryland, 2018)
Thomas v. State
165 A.3d 368 (Court of Appeals of Maryland, 2017)
Collins v. State
158 A.3d 553 (Court of Appeals of Maryland, 2017)
Benton v. State
121 A.3d 246 (Court of Special Appeals of Maryland, 2015)
Pearson v. State
86 A.3d 1232 (Court of Appeals of Maryland, 2014)
Lovelace v. State
78 A.3d 449 (Court of Special Appeals of Maryland, 2013)
Wagner v. State
74 A.3d 765 (Court of Special Appeals of Maryland, 2013)
St. Joseph Medical Center, Inc. v. Honorable Turnbull
68 A.3d 823 (Court of Appeals of Maryland, 2013)
Kegarise v. State
65 A.3d 741 (Court of Special Appeals of Maryland, 2013)
Appraicio v. State
63 A.3d 599 (Court of Appeals of Maryland, 2013)
Washington v. State
40 A.3d 1017 (Court of Appeals of Maryland, 2012)
Alford v. State
33 A.3d 1004 (Court of Special Appeals of Maryland, 2011)
Atkins v. State
26 A.3d 979 (Court of Appeals of Maryland, 2011)
Cost v. State
10 A.3d 184 (Court of Appeals of Maryland, 2010)
Sanders v. State
4 A.3d 1 (Court of Special Appeals of Maryland, 2010)
DANSBURY v. State
1 A.3d 507 (Court of Special Appeals of Maryland, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
633 A.2d 867, 333 Md. 27, 1993 Md. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-md-1993.