Fulbright v. State

895 A.2d 1088, 168 Md. App. 168, 2006 Md. App. LEXIS 42
CourtCourt of Special Appeals of Maryland
DecidedApril 7, 2006
DocketNo. 2548
StatusPublished
Cited by5 cases

This text of 895 A.2d 1088 (Fulbright 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
Fulbright v. State, 895 A.2d 1088, 168 Md. App. 168, 2006 Md. App. LEXIS 42 (Md. Ct. App. 2006).

Opinion

WOODWARD, J.

On December 6, 2004, a jury sitting in the Circuit Court for Baltimore City convicted appellant, Jerry E. Fullbright,1 of one count of second-degree assault, one count of possession of a deadly weapon with intent to injure, one count of first-degree burglary, one count of third-degree burglary, and one count of fourth-degree burglary. The jury acquitted appellant of first-degree assault. On January 18, 2005, the court sentenced appellant to seven years imprisonment for the second-degree assault conviction and a consecutive three-year sentence for the possession of a deadly weapon with intent to injure conviction. The court merged the third-degree and fourth-degree burglary convictions into the first-degree burglary conviction, and sentenced appellant to a concurrent five-year term of imprisonment.

[171]*171On appeal, appellant presents a single question for our review, which we have re-phrased:

Whether the trial court erred or abused its discretion by admitting the opinion of the investigating police officer, who was not qualified as an expert witness, to explain why a bloody knife used in the assault was not tested for fingerprints.

Finding no error, we affirm the judgments of the circuit court.

BACKGROUND

This case arises out of the assault of Helen Ringer and burglary of her home during the early morning hours of Monday, February 16, 2004. At trial, in its case-in-chief, the State called two witnesses, Helen Ringer and Officer Bradley Bechtel of the Baltimore City Police Department. Ringer’s testimony was as follows.

Ringer first met appellant through a mutual friend in September 2002, and she and appellant became bowling partners. Beginning in June 2003, Ringer and appellant became romantically involved and dated “off-and-on” until December 2003. Ringer testified that, during the course of their relationship, appellant had laid hands on her; she described those occasions as “[wjrestling,” which “got out of hand a couple of times,” but “[njothing violent.” Ringer also stated that appellant stalked her, and would “pop up [at] various locations [she was] at” after she had told appellant that she did not want to see him. On one occasion, Ringer reported the stalking to the Baltimore County Police. According to Ringer, she told appellant that he should “go his separate way,” but that “everywhere [she] went, he would all suddenly pop up, [and] continuously lie to things.” She further recalled that once or twice a week she would find her vehicle tires flat, and that graffiti was written on the side of her home. Ringer suspected appellant, but did not file charges against appellant because she felt that she did not have enough evidence.

On the evening of February 15, 2004, Ringer, appellant, and members of their bowling league gathered at the Pinland [172]*172Bowling Alley on Dundalk Avenue in Baltimore County. Appellant, who was normally outgoing, was quiet that evening. He was also unusually dressed, wearing dark pants, an off-white solid long sleeve shirt, and a necktie.

Appellant left the bowling alley at around 10:00 p.m., approximately twenty minutes before Ringer. As Ringer drove home, she spotted appellant’s white and pink leisure van in the lot of a McDonald’s restaurant; the van was turned to face Dundalk Avenue. Frightened that appellant might be stalking her, Ringer met her friend, Bob Hittle, at Rigerio’s Restaurant on Eastern Avenue, so that she could “calm down.”

Ringer arrived home at about 11:55 p.m. When she reached her street, she noticed appellant’s van parked on a dead end side street, approximately a block and a half from her house. Ringer drove past her house to see if appellant was there before driving around the block to double check that the van was appellant’s. Although Ringer did not get out of her car and approach the van when she circled back around to look at it, she “kn[e]w it was [appellant’s] van.” When Ringer did not see anyone in the van, she proceeded home.

Ringer entered her house through the front door. At that time she was talking to Hittle on her cell phone. She went to her bedroom, turned on the night-stand light, and then walked towards the kitchen to get a can of Coca-Cola. As Ringer entered the kitchen, appellant, who was crouched down hiding in front of the refrigerator, attacked her. Ringer testified:

[Appellant] jumped out at me and I noticed a knife in his hand. I grabbed the blade of that knife with my left hand and held on. I had put my hands up to defend myself, and that’s when I got cut on my right hand. And I grabbed the knife blade with my left hand.

Ringer recognized the knife as her own; it was approximately ten inches long, with a wooden handle. Once she grabbed the knife, Ringer explained:

I didn’t let go. I held on to the knife and then I was forced to the—my floor because I wouldn’t let go of the knife. He [173]*173kept saying, “Let go of the knife.” And I said, “No, because you’re going to kill me,” and he said yes.
So I was not going to let go of that knife. And he actually got me to my kitchen floor. And then he started choking me. And I still wouldn’t let go of the knife. And I begged with him to, please, let go of the knife, leave my home, that if he would leave that I would tell them someone broke in, I don’t know who. And then I would not tell the police it was him.

After some time, Ringer was finally able to convince appellant to let go of the knife. Ringer testified that before appellant left her home, she heard him say: “Yes, you’re going to tell the police it was me.”

The attack lasted approximately ten to fifteen minutes, during which time Ringer could see appellant, and recalled that he was wearing the same clothes that he wore earlier that evening at the bowling alley.

Following the attack, Ringer called the police and an ambulance. As a result of the attack, Ringer sustained injuries to both of her hands, which required stitches and several weeks of physical therapy. Ringer positively identified appellant in court as the man who attacked her.

Ringer did not know how appellant got into her home. She had given him a key on a prior occasion to do work on the interior of the house, but appellant had returned that key. Ringer also noted that after the attack, she stopped getting flat tires.

Officer Bechtel testified that he responded to Ringer’s home at 12:22 a.m. on February 16, 2004. When he encountered Ringer, she was suffering from several lacerations and her hands were bleeding. According to Officer Bechtel, Ringer was “calm,” although “upset,” and “she was trying to be composed.” Ringer told Officer Bechtel that her ex-boyfriend attacked her with a knife. Officer Bechtel observed blood on the floors in the dining room, living room, and kitchen, as well as a bloody knife in the kitchen. He saw no evidence of forced [174]*174entry to Ringer’s home. Officer Bechtel arranged for Ringer to be transported to Union Memorial Hospital.

Thereafter, Officer Bechtel called for the Crime Lab and a supervisor. The Crime Lab responded and took pictures of Ringer’s home. Officer Bechtel directed the Crime Lab to recover the knife, which was covered with blood. That same night, the knife was marked as “Property Number 04008805,” sealed in a box by the Crime Lab technician, and placed in Evidence Control.

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

Related

Griffin v. Foxwell
D. Maryland, 2020
Ford v. State
197 A.3d 1090 (Court of Appeals of Maryland, 2018)
Ford v. State
175 A.3d 860 (Court of Special Appeals of Maryland, 2017)
Randall v. State
117 A.3d 91 (Court of Special Appeals of Maryland, 2015)
In Re Matthew S.
23 A.3d 250 (Court of Special Appeals of Maryland, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
895 A.2d 1088, 168 Md. App. 168, 2006 Md. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulbright-v-state-mdctspecapp-2006.