Jensen v. State

736 A.2d 307, 355 Md. 692, 1999 Md. LEXIS 501
CourtCourt of Appeals of Maryland
DecidedAugust 31, 1999
Docket138, Sept. Term, 1998
StatusPublished
Cited by13 cases

This text of 736 A.2d 307 (Jensen 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
Jensen v. State, 736 A.2d 307, 355 Md. 692, 1999 Md. LEXIS 501 (Md. 1999).

Opinions

RAKER, Judge.

The issue we must decide is whether the trial court abused its discretion in restricting the testimony of a character witness called to impeach the credibility of another witness. In resolving this appeal, we must decide whether the excluded testimony was admissible under Maryland Rule 5-608(a)(3), which allows a character witness on direct examination to give a “reasonable basis” for opinion testimony but does not permit a witness to testify as to “specific instances of truthfulness or untruthfulness.” We shall hold that the character witness’s testimony was improperly restricted, but that the error was harmless. Accordingly, we shall affirm the Court of Special Appeals.

I.

On June 17, 1996, Jason Aaron Jensen, along with Brian Wooldridge, Jean Nance, and Rachel Whitman, met up with Adrian Pilkmgton, the victim, at a McDonald’s restaurant in Frederick where the victim worked. The group left Mcr Donald’s in Pilkington’s car and, after spending some time at Whitman’s house, traveled to Virginia. On a rural road in Virginia, Pilkington was stabbed twice and placed in the trunk of his car. On the return trip to Frederick, the car, driven by Jensen, stopped on the Route 17 bridge in Brunswick City. [695]*695Pilkington, bleeding from his stab wounds but still alive, was taken from the trunk and thrown from the bridge. On June 21, 1996, Pilkington’s body was recovered from the Potomac River a few miles from the bridge.

All four were charged with Pilkington’s murder. Jensen’s trial began on February 4, 1997 and lasted five days. Brian Wooldridge testified for the State pursuant to a plea agreement. The defense called one witness, Melissa Goff, to impeach the credibility of Wooldridge. Portions of her testimony follow.

DEFENSE ATT’Y: Could you tell the jury, if you know, if you’re familiar with Brian Wooldridge?
GOFF: Yes, I am.
Q: Okay, and how are you familiar with Brian Wooldridge? A: Pve known him for a while.
Q: You say a while?
A: I guess about a year, even a little longer.
Q: Now, is this a year before this incident or a year up to now?
A: I guess a year before.
Q: And during that particular year, how many times did you meet in a week?
A: I guess once a week.
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Q: Have you ever spoken to Mr. Wooldridge on the phone? A: Yes, I have.
Q: And how many times have you spoken to him on the phone?
A: I usually speak to him every day.
Q: Okay, and when was that?
A: While he was out of school.
Q: And when was that?
A: I don’t remember the exact months.
[696]*696Q: And for what period of time did you speak to him every day—a week, two weeks, a month?
A: I guess for about a month. Yeah, a month.
Q: Okay, and do you have an opinion as to his veracity to tell the truth?
STATE’S ATT’Y: Objection, Your Honor.
THE COURT: Sustained. Come forward, please, counsel. (Bench conference.)
STATE’S ATT’Y: Insufficient, Your Honor.
THE COURT: Here’s what I’m going to do. I am going to excuse the jury, and I am going to conduct—have counsel conduct an examination out of the presence of the jury. I don’t believe at this stage you’ve yet established that basis for her opinion, all right? Thank you.
(The jury was excused from the courtroom.)
THE COURT: Now, I sustained that objection on the basis that I conclude at this point there’s not been an adequate basis for that opinion to be given, but ... I’ll give you the opportunity at least to attempt to establish that basis while-we’re out of the presence of the jury.
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DEFENSE ATT’Y: In general, what would you talk about on the phone during that year that you knew him?
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A: Just things, but he liked to talk about—I guess regular things that kids or normal teenagers would talk about to each other.
Q: Would he tell you inconsistent stories about different things?
A: Yes.
Q: Objection, Your Honor.
THE COURT: Sustained.
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DEFENSE ATT’Y: What basis do you have that Mr. Wooldridge would not tell the truth?
A: A lot of the stories that he told me didn’t add up, saying that—one day he would tell me something that happened on that day and then a couple days later he would tell me something else that had happened on that day that wouldn’t have been able to happen if what he said before was true. Q: And this happened once or was that over—
A: This was repeatedly.
* * * * * *
THE COURT: Under the circumstances, it seems to me that testimony given by Ms. Goff supports a basis from the information for her perception of these conversations for giving evidence as to the truthfulness or not of Mr. Wooldridge, and I’m going to allow this course of examination to continue.
(The jury returned to the courtroom).
* * % * $ *
DEFENSE ATT’Y: Do you have an opinion about Mr. Wooldridge’s veracity to tell the truth?
A: Yes, um—
Q: What is that opinion?
A. I think that he’s a compulsive liar.
Q: What do you base that opinion on?
STATE’S ATT’Y: Objection.
THE COURT: Sustained.

At a second bench conference, defense counsel argued that the jury was entitled to know the basis underlying Goffs opinion, while the State argued both that defense counsel was trying to elicit testimony of specific instances and that defense counsel [698]*698had already elicited all the testimony that was contemplated by Rule 5-608(a)(3)(B). The court agreed with the State.

Jensen was convicted of first degree murder, conspiracy to murder, and assault with intent to murder. Jensen appealed his conviction to the Court of Special Appeals. That court affirmed in an unreported opinion. We granted certiorari to consider the following issue:

Did the Court of Special Appeals misinterpret Maryland Rule 5-608, holding that a character witness could be prevented from giving the basis for her opinion that the State’s chief witness was a compulsive liar?

II.

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Jensen v. State
736 A.2d 307 (Court of Appeals of Maryland, 1999)

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Bluebook (online)
736 A.2d 307, 355 Md. 692, 1999 Md. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-state-md-1999.