Ingoglia v. State

651 A.2d 409, 102 Md. App. 659, 1995 Md. App. LEXIS 2
CourtCourt of Special Appeals of Maryland
DecidedJanuary 3, 1995
DocketNo. 537
StatusPublished
Cited by6 cases

This text of 651 A.2d 409 (Ingoglia 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
Ingoglia v. State, 651 A.2d 409, 102 Md. App. 659, 1995 Md. App. LEXIS 2 (Md. Ct. App. 1995).

Opinion

ALPERT, Judge.

Appellant, David R. Ingoglia, was convicted by a jury in the Circuit Court for Baltimore City of assault. Upon the imposition of a ten year prison sentence, he filed this appeal. Appellant presents three questions in this appeal. He asks:

I. “Did the trial court err in refusing to ask if any of the prospective jurors would give more weight to the testimony of a witness merely because of the witness’ race?”
II. “Did the trial court err in overruling defense counsel’s objection to, and refusing to strike, testimony by Detective Sydnor that traffic investigators on the scene ‘determined it was not an accident.’?”
III. “Did the trial court [err] in considering the victim’s mother’s opinion that a sentence of at least ten years imprisonment should be imposed?”

We answer the first two questions in the affirmative and reverse the judgment of the trial court. We answer appellant’s third question in the negative but address it nonetheless for guidance purposes.

The incident that led to appellant’s conviction occurred in the early morning hours of September 9, 1992. Appellant was driving his car north on Greenmount Avenue. The victim was a pedestrian. Although some details were disputed at trial, there was no dispute that appellant ran over the victim with his car and seriously injured him. The State presented evidence that appellant ran over the victim deliberately. The defense countered that it was an accident.

[662]*662I

Jury Selection

Appellant first takes issue with the jury selection process. Defense counsel had requested that the court ask the following during voir dire examination; “Is there any member of the jury panel who would give more weight to a white witness’ testimony because he or she is white rather than black or black rather than white.” The court failed to ask the proposed question and, after voir dire was conducted, defense counsel objected. The court responded: “I asked that question: Is there any prejudice, prejudice against anything or something that might prejudice your opinion____” In fact, the court had asked the prospective jurors: “Does any member of this jury panel harbor any type of prejudice of any nature whatsoever that would prevent you from giving this case a fair trial, would you stand, please?” Appellant now contends that the court’s refusal to ask a specific question about possible racial prejudice constitutes reversible error.

As the Court of Appeals recently summarized,

the scope of voir dire and the form of the questions propounded rests firmly within the discretion of the trial judge____ The trial judge’s discretion regarding the scope of a proposed avenue of voir dire is governed by one primary principle: the purpose of “the inquiry is to ascertain ‘the existence of cause for disqualification and for no other purpose.’ ... Where parties to the litigation direct their inquiries concerning a specific cause for disqualification, they have ‘a right to have questions propounded to prospective jurors’ during voir dire.... ”

Davis v. State, 333 Md. 27, 34, 633 A.2d 867 (1993) (emphasis in original) (citations omitted). Only “ ‘[qjuestions not directed to a specific ground for disqualification but which are speculative, inquisitorial, catechising or ‘fishing,’ asked in the aid of deciding on peremptory challenges, may be refused in the discretion of the court, even though it would not have been error to have asked them.’ ” Id. at 34-35, 633 A.2d 867 (citation omitted).

[663]*663Racial prejudice may constitute cause for disqualification of a prospective juror. Thus, “[i]n Maryland, it is well-settled that interrogation of the venirepersons with respect to possible racial prejudice is required, on request, when racial prejudice may be a factor.... ” Borne v. State, 324 Md. 1, 13, 595 A.2d 448 (1991). Racial prejudice “ ‘may be a factor because of the facts of the case when the complainant and the witnesses for the State are of a different race than the defendant, and the crime involves victimization of another person and the use of violence.’ ” Id. at 15, 595 A.2d 448 (quoting Holmes v. State, 65 Md.App. 428, 438-39, 501 A.2d 76 (1985), rav’d on other grounds, 310 Md. 260, 528 A.2d 1279 (1987)).

As appellant points out in his brief, he

“is white. The man who was struck by [appellant’s] car, Edgar Johnson, is black, as are all of the eyewitnesses called by the State.... The crime, as alleged by the State, involved victimization of another person by the use of violence.”

Appellant correctly concludes that the facts of the case suggest that racial prejudice may be a factor, and that the requested inquiry into racial prejudice was therefore required. While the trial court did ask a general question as to whether the prospective jurors harbored “any type of prejudice of any nature whatsoever” that would have prevented them from deciding the case fairly, the jurors were not yet aware of the facts of the case or the races of the persons involved. The court’s question did not sufficiently focus the attention of the jurors on possible racial prejudice.

Although it might be argued that the question presented by defense counsel was not a model of clarity, the nature of the question was clear.

[W]hen the lower court is made aware of the essence of what the defendant is seeking, it should either ask, on its own motion, ‘a proper question designed to ascertain the existence of cause for disqualification on account of racial [664]*664bias or prejudice,’ ... or give the defendant an opportunity to submit additional, proper voir dire questions.

Bowie, 324 Md. at 13, 595 A.2d 448 (citation omitted).

We are not at all persuaded by the State’s contention that defense counsel waived any challenge to the court’s failure to question the prospective jurors about racial prejudice by accepting the jury that was ultimately selected. Under the circumstances presented here, we are convinced that defense counsel’s acceptance of the jury “was merely obedient to the court’s ruling and obviously [was] not a withdrawal of the prior objection, timely made.” Miles v. State, 88 Md.App. 360, 377, 594 A.2d 1208, cert. denied, 325 Md. 94, 599 A.2d 447 (1991) (where defense counsel’s acceptance of the jury did not constitute a withdrawal of his prior objection to the court’s refusal to ask certain voir dire questions). Cf. Couser v. State, 282 Md. 125, 130, 383 A.2d 389, cert. denied, 439 U.S. 852, 99 S.Ct.

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Bluebook (online)
651 A.2d 409, 102 Md. App. 659, 1995 Md. App. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ingoglia-v-state-mdctspecapp-1995.