Dingle v. State

759 A.2d 819, 361 Md. 1, 2000 Md. LEXIS 599
CourtCourt of Appeals of Maryland
DecidedSeptember 15, 2000
Docket87, Sept. Term, 1999
StatusPublished
Cited by94 cases

This text of 759 A.2d 819 (Dingle 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
Dingle v. State, 759 A.2d 819, 361 Md. 1, 2000 Md. LEXIS 599 (Md. 2000).

Opinions

BELL, Chief Judge.

The issue this case presents,1 which involves the voir dire process, had its genesis in the Circuit Court for Baltimore County, in the trial, for robbery with a dangerous and deadly weapon and related charges, of the petitioner, Ricky Dingle and two co-defendants.2 During the voir dire process, the petitioner sought to have the trial court inquire of the venire panel whether any of them had certain experiences or associations.3 While the court agreed to, and did, make the inquiries the petitioner requested, it did so by joining with each of the petitioner’s requested inquiries, one suggested by the State, namely an inquiry into whether the experience or association posited would affect the prospective juror’s ability to be fair [4]*4and impartial.4 Thus, the inquiry the court conducted to satisfy the petitioner’s concerns consisted of a series of two part questions, the answers to which, the court instructed, need not be revealed unless a member of the venire panel answered both parts in the affirmative.5 As to that, the venire panel was instructed as follows:

[5]*5“You should only stand if your answer is yes to both parts of the question. If your answer is no to either part of the question, then you should not stand. So once again, only stand if your answer is yes to both parts of the question.”

The prospective jurors who stood and confirmed that their answer to the second part of the question was in the affirmative, thus indicating that they could not be fair, were, if reached, excused for cause, either on motion of the State or of the defense. What occurred during the inquiry into the prospective jurors’ experience with crime victimization is illustrative:

“THE COURT: Again, a number of two-part questions, ladies and gentlemen. Only stand if your answer is yes to both parts of the question.
“Have you or any family member or close personal friend ever been a victim of a crime, and if your answer to that part of the question is yes, would that fact interfere with your ability to be fair and impartial in this case in which the state alleges that the defendants have committed a crime?
“So again, have you or any family member or a friend been the victim of a crime, and if the answer to that part of [6]*6the question is yes, would that fact interfere with your ability to be fair and impartial in this case? If so, please stand.
“All right. The gentleman in the white shirt.
“MR. BLANEY: Bruce Blaney, 639.
“THE COURT: And because of some involvement with a — a crime, you feel you couldn’t be fair and impartial, sir?
“MR. BLANEY: A friend of mine—
“THE COURT: Nope, I didn’t — please just answer the question.
“MR. BLANEY: Yes, sir.
“THE COURT: Thank you very much. You may be seated.
“Again, ladies and gentlemen, if you’d please simply answer the question without elaborating, it would be very helpful.
“Yes, ma’am.
“MS. CARRIGAN: 679, Barbara Carrigan.
“THE COURT: Miss Carrigan, you’re saying because of some exposure to crime, you couldn’t be fair and impartial?
“MS. CARRIGAN: I could be fair. I’m sorry.[6]
“THE COURT: Okay. You could be fair. Then you may be seated.
“Again, only stand if your answer is yes to both parts of the question.
‘Yes, sir.
“MR. MARSHALL: Tom Marshall, 643.
“THE COURT: All right. Mr. Marshall, you’re saying that you could not be fair and impartial as a result of some exposure to crime?
“MR. MARSHALL: That’s correct.
“THE COURT: All right. Thank you. Be seated.
[7]*7“All right. The gentleman in the gray sports shirt.
“MR. FLANNIGAN: George Flannigan, 329.
“THE COURT: And you’re saying you couldn’t be fair and impartial, Mr. Flannigan?
“MR. FLANNIGAN: Yes, sir.
“THE COURT: Thank you. Be seated.
“The other gentleman in the gray sports shirt.
“MR. WORTH: James Worth, 637.
“THE COURT: And your answer is the same, sir?
“MR. WORTH: Yes.
“THE COURT: All right. You may be seated. Thank you.
“Ma'am.
“MS. MALICKI: Joan Malicki, number 658.
“THE COURT: All right. Miss Malicki, your answer is the same?
“MS. MALICKI: Yes.
“THE COURT: Be seated.
“MS. KNIGHT: Jeannine Knight, number 321.
“THE COURT: And Miss Knight, your answer is the same?
“MS. KNIGHT: Yes.
“THE COURT: All right. Thank you. You may be seated.
“Ma’am? Your name and juror number?
“MS. SPOHN: Suzanne Spohn, number 76.
“THE COURT: All right. Miss Spohn, your answer is the same?
“MS. SPOHN: I don’t think I could be impartial in this crime.
“THE COURT: Well, again, you can’t be fair and impartial then. Thank you. You may be seated.
“All right. The gentleman in the white shirt.
“MR. FAKERI: Alexander Fakeri, number 87.
“THE COURT: And Mr. Fakeri, your response is the same?
“MR. FAKERI: Yes, sir.
[8]*8“THE COURT: All right. Thank you. Be seated.
“Ma'am?
“MS. BURMAN: Pamela Burman, 673.
“THE COURT: And Miss Burman, you also feel the same way?
“MS. BURMAN: Correct.
“THE COURT: Thank you. Be seated.”

The petitioner objected to the use of the two part format on a number of grounds, principally because he believed, and therefore argued, that asking compound questions and requiring an answer only if the prospective juror thought that he or she could not be fair, would, and, in fact did, result in a jury in which the venire persons themselves, by “unilateral decision,” determined their fitness to serve on the jury. The petitioner also argued that conducting the voir dire in the manner the trial court did would, and in fact did, deprive the petitioner of information relevant and critical to the exercise of his challenges for cause.

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Cite This Page — Counsel Stack

Bluebook (online)
759 A.2d 819, 361 Md. 1, 2000 Md. LEXIS 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dingle-v-state-md-2000.