Haile v. State

66 A.3d 600, 431 Md. 448, 2013 WL 1760514, 2013 Md. LEXIS 275
CourtCourt of Appeals of Maryland
DecidedApril 25, 2013
DocketNo. 112
StatusPublished
Cited by21 cases

This text of 66 A.3d 600 (Haile 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
Haile v. State, 66 A.3d 600, 431 Md. 448, 2013 WL 1760514, 2013 Md. LEXIS 275 (Md. 2013).

Opinion

BELL, C.J.

The petitioner, Tony Lamont Haile, was convicted, by a jury in the Circuit Court for Baltimore County, of first-degree assault, and of aggravated cruelty to animals. The Court of Special Appeals, in an unreported opinion, affirmed the convictions. The petitioner, in this Court, challenges the sufficiency of the evidence to support his felony animal cruelty conviction, and claims that his attorney’s failure, after the close of all evidence, to renew the motion for judgment of acquittal, made at the end of the State’s case, constituted ineffective assistance of counsel. He thus concludes that a reversal of his conviction is required. We granted his petition for writ of certiorari to consider these issues. For the reasons set forth below, we shall affirm the judgment of the Court of Special Appeals.

FACTUAL HISTORY

In July 2004, fifteen-year-old Daniel Sims was stabbed in the back with a five-inch knife. Sims reported the stabbing to the Baltimore County police, naming and describing the petitioner, Tony Lamont Haile, as his assailant. Baltimore County Police Officer Timothy Bowman was dispatched to the petitioner’s aunt’s house and, while speaking with said aunt at her house, spotted the petitioner, who, upon discovering Officer Bowman’s presence, fled, and continued to do so, despite the officer’s explicit orders to stop. K-9 Officer Christopher Davies and Bennie, his canine, who responded to Officer Bowman’s call for back-up, discovered the petitioner hiding in the backyard of a private residence, with his hands obscured in his waistband. Since the weapon used to stab Mr. Sims had [453]*453not been recovered, Officer Davies ordered the petitioner to come out of the yard with his hands up, warning him that Bennie, the canine, would be released if he did not comply. When the petitioner refused to show his hands and remained in a position that obscured his left hand, Officer Davies again instructed the petitioner to show his hands and reiterated to the petitioner that Bennie would be released if he faded to comply. The petitioner continued to refuse to show his hands and resisted the attempts of another officer, who had arrived on the scene, to take him into custody, whereupon Officer Davies cut Bennie loose, after shouting, “Police canine, show me your hands or I’ll cut the dog loose.”1

The canine was trained to use a “bite and hold” technique: it would bite down once to apprehend a suspect, and maintain its grip, and would release its hold only when the suspect has complied with the officer’s instructions. Using this technique, Bennie, the canine, seized the petitioner by his upper left arm. In response, in addition to struggling, the petitioner struck Bennie repeatedly on its head, inflicting a half-inch wide cut above its right eye, and causing the canine to release its grip. Subsequently, the petitioner attempted to escape over a fence, and Officer Davies ordered Bennie to seize him again. This time, the canine took hold of the petitioner’s left side. Undeterred, the petitioner continued to scale the fence, so Officer Davies ordered Bennie to release its grip, to prevent the petitioner from causing it any further injury in his attempt to escape. The petitioner was apprehended by officers on the other side of the fence.

At the close of the State’s case, counsel for the petitioner moved for judgment of acquittal. She argued that the injuries to the dog were inflicted in self-defense. The trial court denied this motion, ruling that the issue of self-defense was a matter for the jury. In his case, the petitioner testified that it was dark on the night in question, that he did not initially [454]*454realize he was being pursued by the police, and that he only fled because he assumed he was being chased by a gang member, with whom he had previously had trouble. He also testified that, although he did try to shake Bennie off, he did not recall actually striking him. Defense counsel did not move, or renew the motion, for judgment of acquittal at the close of all evidence. The jury convicted the petitioner of first-degree assault for stabbing Daniel Sims, and aggravated cruelty to an animal for the injury he inflicted upon Bennie. The petitioner was sentenced to consecutive terms of twenty and three years imprisonment.

The petitioner appealed his convictions to the Court of Special Appeals. In that court, he challenged, inter alia2 the sufficiency of the evidence underlying his conviction for first degree assault, as well as the effectiveness of the assistance rendered by his defense counsel. With respect to the latter, he focused on her failure to move for judgment of acquittal at the close of all evidence. The intermediate appellate court affirmed the convictions in an unreported opinion. It declined to consider the petitioner’s ineffective assistance of counsel claim, because, it concluded, the evidence at trial supported the petitioner’s convictions for both the assault and the cruelty counts. We granted the petitioner’s petition for certiorari, Haile v. State, 396 Md. 12, 912 A.2d 648 (2006), to consider the question:

“Was petitioner denied his right to effective assistance of counsel where his trial attorney failed to renew the motion for judgment of acquittal and the evidence was insufficient to sustain a conviction of aggravated cruelty to animals?”

[455]*455In the interest of clarity, we will reframe the issue, addressing it as two questions: whether the evidence presented at trial was sufficient to sustain the petitioner’s conviction for aggravated cruelty to animals, and whether the petitioner’s trial attorney rendered ineffective assistance by failing to renew, at the close of all of the evidence, a motion for judgment of acquittal made at the conclusion of the State’s case.

We shall answer the first question in the negative, and hold that there was sufficient evidence to convict the petitioner of aggravated cruelty to animals. Since the petitioner’s ineffective assistance claim is entirely dependent on his sufficiency claim, we need not reach the second question. Nevertheless, we shall exercise our discretion to discuss it, see Rule 8-131(a),3 concluding that we should decline to hold, based only on an argument, and an unquantifiable possibility, that the evidence presented by the State may have fallen short of sufficiency, that counsel’s failure to renew a motion for judgment of acquittal automatically renders that assistance ineffective.

DISCUSSION

A.

The petitioner first argues that the evidence presented at trial was insufficient to sustain his conviction for aggravated cruelty to animals under Maryland Code (2002, 2012 RepLVol.) § 10-606(a)(3) of the Criminal Law Article (“CL”).4 That [456]*456section prohibits a person, “except in the case of self-defense,” from “intentionally inflict[ing] bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.” His argument rests on three premises: first, that § 10-606(a)(3) required the State to prove, which it did not do, that he had the specific intent to inflict bodily harm on the canine; second, that § 10-606(a)(3) prohibits only serious bodily harm, a threshold which the injury to the canine in this case did not meet; and third, that, in any event, he struck the canine in self-defense, an enumerated exception to § 10-606(a)(3).

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

Related

Key School v. Bunker
Court of Appeals of Maryland, 2025
Bd. of Education Of Harford Cnty. v. Doe
Court of Appeals of Maryland, 2025
Archbishop of Washington v. Doe
Court of Appeals of Maryland, 2025
Vanison v. State
Court of Special Appeals of Maryland, 2022
Chesapeake Bay Found. v. CREG Westport I
Court of Appeals of Maryland, 2022
Coleman v. State
183 A.3d 834 (Court of Special Appeals of Maryland, 2018)
Potts v. State
151 A.3d 59 (Court of Special Appeals of Maryland, 2016)
State v. Adams-Bey
144 A.3d 1200 (Court of Appeals of Maryland, 2016)
Twigg v. State
133 A.3d 1125 (Court of Appeals of Maryland, 2016)
SER Robert E. Barrat, Esq. v. Nancy A. Dalby, Esq.
779 S.E.2d 584 (West Virginia Supreme Court, 2015)
Fuller v. Republican Central Committee
120 A.3d 751 (Court of Appeals of Maryland, 2015)
Johnson v. State
115 A.3d 668 (Court of Special Appeals of Maryland, 2015)
In Re TYRELL A.
112 A.3d 468 (Court of Appeals of Maryland, 2015)
Harrison-Solomon v. State
112 A.3d 408 (Court of Appeals of Maryland, 2015)
Maryland Attorney General Opinion 99OAG225
Maryland Attorney General Reports, 2014
McCree v. State
105 A.3d 456 (Court of Appeals of Maryland, 2014)
Carol King v. West Virginia's Choice, Inc.
766 S.E.2d 387 (West Virginia Supreme Court, 2014)
Steward v. State
98 A.3d 362 (Court of Special Appeals of Maryland, 2014)
Maryland Attorney General Opinion 99OAG050
Maryland Attorney General Reports, 2014

Cite This Page — Counsel Stack

Bluebook (online)
66 A.3d 600, 431 Md. 448, 2013 WL 1760514, 2013 Md. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haile-v-state-md-2013.