Fields v. State

895 A.2d 339, 168 Md. App. 22, 2006 Md. App. LEXIS 36
CourtCourt of Special Appeals of Maryland
DecidedMarch 30, 2006
Docket311, September Term, 2004
StatusPublished
Cited by8 cases

This text of 895 A.2d 339 (Fields 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
Fields v. State, 895 A.2d 339, 168 Md. App. 22, 2006 Md. App. LEXIS 36 (Md. Ct. App. 2006).

Opinions

DEBORAH S. EYLER, J.

In an unreported opinion filed on May 25, 2005, a panel of this Court affirmed the judgments of the Circuit Court for Prince George’s County convicting Saturio Grogrieo Fields, the appellant, of first-degree murder and two counts of first-degree assault. Fields v. State, No. 311 Sept.Term 2004, 162 Md.App. 767 (Eyler, D., J.).

The appellant had raised five issues for review on appeal. In issue one, he contended that the trial court had erred in admitting evidence that his nickname, “Sat Dogg,” was projected on a television monitor in the bowling alley where the crimes occurred. He argued that the evidence was hearsay and that it was not admissible under any exception to the hearsay rule. We rejected that argument, holding that the evidence was admissible non-hearsay. We also rejected the appellant’s other four issues.

The appellant filed a petition for writ of certiorari, which was granted by the Court of Appeals. Fields v. State, 390 Md. 513, 889 A.2d 1025 (2006).

On December 8, 2005, the Court of Appeals filed its opinion in Bernadyn v. State, 390 Md. 1, 887 A.2d 602 (2005). Then, by order of January 11, 2006, it vacated the decision of this Court in the case at bar, with directions that we reconsider it in light of Bemadyn. The Bemadyn case is pertinent to the appellant’s first issue, but not to the other issues he raised.

We have reconsidered our decision in light of the Court of Appeals’ decision in Bemadyn, and shall affirm the judgments of the circuit court. Because we are publishing this opinion, [27]*27we shall set forth in full our discussion of all the appellant’s issues.1

FACTS AND PROCEEDINGS

The appellant’s convictions stem from the shootings of three young men at a bowling alley in Clinton, Maryland, shortly after midnight on May 17, 2003. The three men were among a group of about 15 employees of a nearby supermarket who were enjoying a night out at the bowling alley. Tyneal Bussey was killed by a gunshot wound to the chest. Early Eborn was shot in the abdomen and Rozier Davis was shot in the arm.

The appellant was charged with numerous crimes arising out of the shootings, including first-degree murder of Bussey. He was tried by a jury in the Circuit Court for Prince George’s County.

The State’s evidence showed that, while at the bowling alley on the night in question, the appellant became involved in a dispute with Bussey and asked Bussey to step outside. The appellant exited the bowling alley and went outside to the parking lot as Bussey changed out of his bowling shoes, took off his shirt, and headed for the doorway. Several other supermarket employees followed Bussey, believing there was going to be a fight.

A crowd gathered by the doorway of the bowling alley. Several witnesses testified that a white car was parked outside, and that the appellant was standing beside the car, holding a rifle. When Bussey reached the doorway, the appellant opened fire, killing Bussey and injuring Davis and Eborn. All three victims were still inside the bowling alley when they were struck by gunfire.

Two members of the supermarket group identified the appellant as the shooter from a photographic array. They also identified him in court. There was evidence that the [28]*28shooter was wearing a white t-shirt and jeans, and that the appellant had been wearing clothes of that description the day before the shooting.

There also was evidence introduced by the State that the appellant went by the nickname “Sat Dogg.”

The appellant’s primary theory of defense was that he was not the shooter and was not even present at the bowling alley when the shootings happened.

The jury convicted the appellant of first-degree murder of Bussey and two counts of first-degree assault, one each for Davis and Eborn. The court imposed a prison sentence of life without the possibility of parole for the murder conviction. It imposed 20-year sentences, to run consecutive to the life sentence, for each assault conviction.

The ■ appellant raised the following questions on appeal, which we have rephrased:

I. Did the trial court err by admitting hearsay evidence that the appellant was present at the bowling alley when the crimes were committed?
II. Did the trial court err by refusing to permit defense counsel to cross-examine a key prosecution witness about a prior inconsistent statement?
III. Did the trial court err by refusing to permit the defense to call a witness who would have testified about a key prosecution witness’s bias against, and motive to lie about, the appellant?
IV. Did the trial court apply an incorrect legal standard in deciding the appellant’s motion for new trial?
V. Was the evidence insufficient to support the first-degree murder conviction?

We shall include additional facts as necessary to our discussion of the issues.

[29]*29DISCUSSION

I.

(a)

Detective Ismael Canales, a member of the homicide unit of the Prince George’s County Police Department, was among the officers who responded to a report of shootings at the bowling alley. Once inside, he observed that there was a television monitor at each bowling lane, and the names and scores of the bowlers at that lane were displayed on the screen.

The detective asked one of the bowling alley employees whether the information displayed on the television screens could be printed out. He was told that that could not be done because the bowling alley did not have an operating printer. Upon learning that, Detective Canales proceeded to make a handwritten list, itemizing each bowling lane and the names displayed on the screen for that lane.

Detective Canales listed 32 bowling lanes. Lanes 1 through 15 were empty, as were lanes 20, 27, and 31. The empty lanes were not in use and no names appeared on their monitors. Detective Canales recorded the names on the screen above lane 22 as “Sat Dogg/Bleu/Vino.”

Immediately before the start of trial, the defense moved in limine to preclude the State from eliciting testimony from Detective Canales that the name “Sat Dogg” appeared on a television screen in the bowling alley or introducing into evidence the detective’s handwritten list showing that the name “Sat Dogg” appeared on the television screen at bowling lane 22. Defense counsel argued that the evidence was hearsay. Specifically, she maintained that the name “Sat Dogg” on the screen was an implied assertion, by an unknown declarant, made out of court, that the appellant was present in the bowling alley that night; and the State was offering the implied assertion in evidence to show its truth. Because the evidence did not fall within any exception to the rule against hearsay, it was inadmissible.

[30]*30The court provisionally denied the motion, commenting that there was no reason to think the person who typed the appellant’s nickname onto the television screen above bowling lane 22 intended that act as an assertion that the appellant was present at that location.

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Fields v. State
895 A.2d 339 (Court of Special Appeals of Maryland, 2006)

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Bluebook (online)
895 A.2d 339, 168 Md. App. 22, 2006 Md. App. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-state-mdctspecapp-2006.