Earhart v. State

429 A.2d 557, 48 Md. App. 695, 1981 Md. App. LEXIS 284
CourtCourt of Special Appeals of Maryland
DecidedMay 13, 1981
Docket589, September Term, 1980
StatusPublished
Cited by10 cases

This text of 429 A.2d 557 (Earhart 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
Earhart v. State, 429 A.2d 557, 48 Md. App. 695, 1981 Md. App. LEXIS 284 (Md. Ct. App. 1981).

Opinions

Melvin, J.,

delivered the opinion of the Court. Moylan, J., filed a concurring opinion at page 713 infra.

At a joint trial in the Criminal Court of Baltimore, the appellant, Howard Eugene Earhart, and a codefendant, Shane McCallum, were found guilty by a jury of robbery and murder committed during the commission of the robbery (felony murder). The trial Judge (Greenfeld, J.) merged the robbery conviction into the murder conviction and appellant was sentenced to life imprisonment.

In this appeal, appellant Earhart1 presents three questions:

1. Did the court below [commit reversible] error in refusing to sever Appellant’s trial from that of a codefendant?
2. Did the court below err in refusing to strike for cause a juror who worked as a correctional official?
3. Did the court below abuse its discretion in admitting prejudicial and inflammatory photographs of the deceased?

[697]*697As we answer all of these questions in the negative, the judgment of conviction will be affirmed.

I

About 7:00 P.M. on November 15, 1978, the victim in this case, one John Perkins, was found dead in the bedroom of his first floor apartment in Baltimore City. He had been physically beaten and strangled to death and numerous articles of his personal property had been removed from the apartment. Subsequently, appellant Earhart and McCallum were both indicted for robbery and murder. Both gave inculpatory statements to the police. Prior to trial both Earhart and McCallum filed motions to suppress the statements on the ground of involuntariness. Both motions were denied. Appellant Earhart also filed a pretrial motion for severance, arguing, as he does in this appeal, that a joint trial at which the statement of his codefendant McCallum would be admitted in evidence implicating him (Earhart) in the crimes would be a violation of the rule announced in Bruton v. United States, 391 U.S. 123 (1968). At trial neither defendant took the witness stand. In denying the motion for severance, the hearing judge relied upon the plurality opinion in Parker v. Randolph, 442 U.S. 62 (1979) as authoritative precedent for his action. We think this reliance was misplaced and that there was error in denying the severance. Nevertheless, under the circumstances of this case, we hold that the error was harmless beyond a reasonable doubt.

The Law

The Supreme Court of the United States in Bruton expressly overruled Delli Paoli v. United States, 352 U.S. 232 (1957). Delli Paoli had held that a nontestifying codefendant’s confession, which incriminated a defendant who had not confessed, is admissible at a joint trial over defendant’s hearsay objection so long as the jury is instructed to consider the confession as evidence only against the confessing codefendant and to disregard it in [698]*698determining the defendant’s guilt or innocence. As said by the majority in Bruton,

"The basic premise of Delli Paoli was that it is reasonably possible for the jury to follow sufficiently clear instructions to disregard the confessor’s extrajudicial statement that his codefendant participated with him in committing the crime. 352 U.S. at 239. If it were true that the jury disregarded the reference to the codefendant, no question would arise under the Confrontation Clause, because by hypothesis the case is treated as if the confessor made no statement inculpating the confessor.” 391 U.S. at 126.
"Delli Paoli assumed that. .. encroachment on the right to confrontation could be avoided by the instruction to the jury to disregard the inadmissible hearsay evidence [in determining the guilt or innocence of the nonconfessing defendant].” 391 U.S. at 128.

In Bruton, the "basic premise of Delli Paoli that a properly instructed jury would ignore the confessor’s inculpation of the nonconfessor in determining the latter’s guilt,” 391 U.S. at 129, was given a full burial and replaced by a completely opposite premise or assumption, i.e., that in spite of limiting instructions, a jury could not and would not disregard the inadmissible hearsay evidence contained in a confessor’s inculpation of the nonconfessor in determining the latter’s guilt. Admission of such an extrajudicial statement at a joint trial, where the declarant confessor does not take the witness stand, would thus violate the defendant’s right of cross-examination secured by the Confrontation Clause of the Sixth and Fourteenth Amendments to the United States Constitution.

"Here the introduction of Evans’ confession posed a substantial threat to petitioner’s right to confront [699]*699the witnesses against him, and this is a hazard we cannot ignore. Despite the concededly clear instructions to the jury to disregard Evans’ inadmissible hearsay evidence inculpating petitioner, in the context of a joint trial we cannot accept limiting instructions as an adequate substitute for petitioner’s constitutional right of cross-examination. The effect is the same as if there had been no instruction at all.” 391 U.S. at 137. (Emphasis added.)

After Bruton, the application of the rule there announced has been considered by the Supreme Court in a number of cases in which the defendant himself, as well as a nontestifying codefendant, had made extrajudicial inculpatory statements, each of the statements implicating both codefendants in the crimes charged. See Harrington v. California, 395 U.S. 250 (1969); Schneble v. Florida, 405 U.S. 427 (1972); and Brown v. United States, 411 U.S. 223 (1973). Those cases rejected the notion that a Bruton error can never be harmless under Chapman v. California, 386 U.S. 18 (1967). In each of those cases, the Court applied the harmless error doctrine to the claimed violations of Bruton. In none of them did the Court indicate that there was no error. See also Roberts v. Russell, 392 U.S. 293 (1968); and Hopper v. Louisiana, 392 U.S. 658 (1968).

In Parker v. Randolph, supra, the Court undertook to resolve the conflict throughout the country, in both federal and state appellate courts, over the issue of the applicability of the Bruton rule to so-called "interlocking” confessions. Unfortunately, the Court failed in its undertaking. The case was argued before eight of the justices. Justice Rehnquist delivered an opinion, in which the Chief Justice, Justice Stewart and Justice White joined. Those four justices, a mere plurality, stated the issue to be "whether Bruton

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Bluebook (online)
429 A.2d 557, 48 Md. App. 695, 1981 Md. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earhart-v-state-mdctspecapp-1981.