Hutchins v. State

647 A.2d 1271, 101 Md. App. 640, 1994 Md. App. LEXIS 137
CourtCourt of Special Appeals of Maryland
DecidedSeptember 29, 1994
DocketNo. 1701
StatusPublished
Cited by3 cases

This text of 647 A.2d 1271 (Hutchins 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
Hutchins v. State, 647 A.2d 1271, 101 Md. App. 640, 1994 Md. App. LEXIS 137 (Md. Ct. App. 1994).

Opinion

MURPHY, Judge.

At a bench trial in the Circuit Court for Calvert County, Richard Lee Hutchins (appellant) was convicted of stealing a 1986 Nissan Maxima. He has presented but one question for our review:

“Did the trial court err when it refused either to exclude expert rebuttal testimony or to provide appellant with an opportunity to obtain his own experts?”

The trial court’s refusal to exclude expert testimony was based on the conclusion that the State is not required to furnish the defendant with the report of an expert who is called as a rebuttal witness. That conclusion was wrong. We are, however, persuaded beyond a reasonable doubt that the error was harmless.

FACTS

On October 28, 1992, Scott Hansen parked his Nissan at a prominent location near the Paris Oaks Shopping Center in Calvert County and put a “for sale” sign on the vehicle. The emergency brake was then working properly. He saw the vehicle again in the early morning hours of October 29, 1992, when he removed some tools from the trunk and some papers [643]*643from the glove compartment. Both the front and rear Maryland license tags were then in their correct places of display.

That evening, Mr. Hansen noticed that the car was gone. He promptly notified the Calvert County Sheriffs Department that it had been stolen. He next saw his vehicle on the following morning, after it had been recovered by the District of Columbia police. At that time, both license plates were in the trunk, papers that had been in the glove compartment were scattered throughout the passenger compartment, and the emergency brake cable was broken.

The State’s case in chief established that, on the morning of October 29th, using the name of Richard Johnson, appellant hired Shubert’s Towing, Inc. to tow the Nissan to 321 New York Avenue in Washington, D.C. At that location, appellant paid the tow truck operator with a check drawn on a closed account.

In his opening statement, appellant’s trial counsel conceded that appellant had exercised control over the vehicle, but asserted that this was done only after appellant purchased it for $3,000.00 in cash from a man who claimed to be the owner. That man had allegedly identified himself to appellant as Chris Joblonski.1 Appellant’s counsel concluded his opening statement by telling the court:

Now, we will introduce some forms that turned out to be bogus, but they were purportedly from Giblonski [sic] where Giblonski [sic] had indicated to my client that Giblonski [sic] had purchased the vehicle out at a Sheriffs auction out in Virginia. So, that gave him the title and what he thought was a valid business transaction ...
... So, we’re not disputing the facts. But he’s saying he was duped into what he thought was a valid transaction.

Appellant testified as follows. He operated Richard’s Auto Sales on Marlboro Pike in Capital Heights and also sold cars [644]*644at the Washington, D.C. lot where the Nissan was recovered. He was at the Paris Oaks Shopping Center helping a Mend open a tatoo shop when he saw the man who identified himself as Chris Joblonski “showing” the Nissan to someone else. Joblonski had a key to the Nissan and told appellant that he had purchased this vehicle at “a police sale.” From the documentation Joblonski showed him, appellant was convinced that the vehicle had been legitimately purchased at an auction of vehicles that had been impounded by the Arlington County (Virginia) Police Department. Appellant bought the car from Joblonski for Three Thousand Dollars ($3,000.00) in cash.

Even though appellant did not receive a Maryland registration when he bought the car, he was satisfied that Joblonski did give him sufficient documentation to obtain a valid Maryland title.2 He did not bother to obtain a certificate of title after learning that the car was stolen. When he discovered that the car had been removed from his lot, appellant contacted the District of Columbia police. When he learned that a warrant had been issued for his arrest, he drove to Calvert County, turned himself in, tried to explain what had occurred and asked the police to look at the documentation he had received from Joblonski. He contacted the investigating officer the next day and arranged to meet with her, but she lost interest in talking to him about the case. He also filed suit against Joblonski in the District Court for Prince George’s County, but could not establish that Joblonski had been served with the complaint.

Appellant claimed that the following items were turned over to him by Joblonski. Each was introduced into evidence during his direct examination:

1. A key with the letters ILCO molded into it.
2. A copy of a notarized document allegedly issued on October 26, 1992 by the Arlington County, Virginia Police [645]*645Department. This document stated that, in a transaction identified as “Ref. Vehicle # 91 04 16094,” on that very date, for the amount of $3,000.00, a 1986 Nissan Maxima 4-Door VIN # JN1HU11159GT131413 was sold under the authority of a Virginia statute to Day’s Auto Sales, 6907 Old Branch Ave., Clinton, Md., 20745.
3. A business card containing the following information: Day’s Auto Sales
Chris Joblonski Sales Man
6709 Old Branch Ave.
Clinton, MD 20745
Ph: 499-3555 Fax: Pager 590-4512
4. An original Maryland Dealer’s Bill of Sale3 bearing Control No. 301531;
5. An original Maryland Motor Vehicle Administration Notice of Exclusion of Modification of Implied Warranty;4
6. A copy of the front page of a District of Columbia Bill of Sale.

Exhibits 4, 5 and 6 were incomplete. Prominently displayed on each of these forms was a requirement that, at the time of the sale, the vehicle’s odometer reading be entered at the proper place on the form. Someone had entered the vehicle’s make, model and VIN number, on each form. The vehicle’s odometer reading, however, had not been filled in on any of the forms.

The prosecutor was not surprised by any of the defense exhibits. As appellant’s trial counsel stated in his motion for new trial:

Several days prior to trial he gave the State a copy of the paperwork Mr. Hutchins claimed to have received from the person he bought the car from. Using this gratuitous [646]*646information the State then was able to contact two expert witnesses to devastate the defense.

The State called four rebuttal witnesses. Mr. Hansen testified that he never lost possession of his one car key. The word “Nissan” was molded onto that key. Asked to examine the key produced by appellant (on which the letters ILCO appeared), Mr. Hansen stated that he had never seen it before.

Deputy Kristine Gehrand of the Calvert County Sheriffs Office testified that within the past week she went to 6709 Old Branch Avenue in Clinton, Maryland where she learned that a business called Clinton Cycles has occupied that premises for the past eighteen years.

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Related

Smith v. State
10 A.3d 798 (Court of Special Appeals of Maryland, 2010)
CANELA AND PEREZ v. State
997 A.2d 793 (Court of Special Appeals of Maryland, 2010)
Hutchins v. State
663 A.2d 1281 (Court of Appeals of Maryland, 1995)

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Bluebook (online)
647 A.2d 1271, 101 Md. App. 640, 1994 Md. App. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchins-v-state-mdctspecapp-1994.