Ogundipe v. State

33 A.3d 984, 424 Md. 58, 2011 Md. LEXIS 778
CourtCourt of Appeals of Maryland
DecidedDecember 21, 2011
DocketNo. 54
StatusPublished
Cited by9 cases

This text of 33 A.3d 984 (Ogundipe 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
Ogundipe v. State, 33 A.3d 984, 424 Md. 58, 2011 Md. LEXIS 778 (Md. 2011).

Opinions

GREENE, J.

Petitioner Olusegun Ogundipe (Ogundipe) was convicted of multiple offenses following a jury trial in the Circuit Court for Washington County.1 Before this Court, Ogundipe argues that thé trial court erred in not disclosing the contents of the verdict sheet used by the jury in its deliberations. Specifically, Ogundipe presented one question for our review, which we have reworded for clarity:

Whether there is a duty of the trial court to disclose a signed verdict sheet to a defendant or his counsel before the jury is discharged?2

[61]*61Ogundipe argues that the verdict sheet was a “communication” between the court and the jury, which was required to be disclosed in accordance with Maryland Rule 4 — 326(d).3 Rule 4-326(d) requires the court to notify and disclose to counsel any jury communication received, before responding to the communication. We shall hold that the jury verdict sheet is not a communication within the meaning of the Rule, and we therefore affirm the judgment of the Court of Special Appeals in holding that the trial court did not err in failing to disclose the contents of the verdict sheet prior to dismissing the jury.

FACTS AND PROCEDURE

Ogundipe was charged with multiple crimes stemming from his involvement in an incident that occurred on July 23, 2006, in which Jackson Augustin Rodriguez was killed, Tony Perry was seriously injured, and Steven Ramel Broadhead was assaulted.4 We adopt the following facts as stated by the [62]*62Court of Special Appeals in Ogundipe v. State, 191 Md.App. 370, 991 A.2d 200 (2010):

After a two-day trial, which began on May 13, 2008, the judge instructed the jury concerning its deliberations, as follows:
Alright, ladies and gentlemen of the jury, you will retire to consider your verdict in this matter. As I indicated, there is a verdict sheet that will be given to you. It consists of twelve questions.
Questions One and Two relate to the charges of first and second degree murder of Jackson Rodriguez. Question is: As to the charge of first degree murder of Jackson Augustin Rodriguez, on or about July twenty-three 2006, how do you find the defendant Olusegun Hakeem Ogundipe, guilty or not guilty?
You’re given further instruction then: If your answer to that question would be not guilty, then I would ask you to consider Question Number Two, which is second degree murder of Jackson Rodriguez.
After you have done that, then Question[s] Three and Four relate to the attempted first and second degree murder of Tony Perry. You would consider first degree murder. If your answer to that would be not guilty then you would consider attempted second degree murder of Tony Perry.
Questions Five and Six relate to the first degree assault of Jackson Augustin Rodriguez. Using the same means of analysis, Questions Seven and Eight relate to the first and second degree assault of Tony Perry. And Questions Nine and Ten relate to the first and second degree assault of Steven Broadhead.
Question Eleven relates to the charge of the use of a handgun in the commission of a crime of violence. I would ask you to once again consider the instructions that [63]*63were given. Before you consider that question and the last question is as to the charge of wearing and carrying and transporting a handgun. How do you find the defendant, guilty or not guilty?
Once again, I would remind you that your decision must be unanimous. In other words, all twelve of you must agree.
Two hours after the jury retired to deliberate, the court reconvened, and the following discourse took place:
The Court: Alright, the defendant is present. Please bring the jury in.
(The jury returns to the jury box.)
Alright, the jury is present. The defendant and counsel are present. It’s my understanding the jury has reached a verdict. Is that correct?
Foreman: Yes, sir.
The Court: Okay. Mr. Clerk, if you would take the verdict of the jury, please.
Clerk: Yes, sir. Ladies and gentlemen of the jury, are you agreed as to your verdict? If so, please answer, “We are.”
Jury: We are.
Clerk: Who shall say for you?
Jury: Our foreman.
Clerk: Please stand. As to the charge of first degree murder of Jackson Augustin Rodriguez ... how do you find the defendant ... guilty or not guilty?
Foreman: Guilty[.]
Clerk: As to the charge of attempted first degree murder of Tony Perry ... how do you find the defendant ... guilty or not guilty?
Foreman: Guilty[.]
Clerk: As to the charge of first degree assault of Jackson Augustin Rodriguez ... how do you find the defendant ... guilty or not guilty?
Foreman: Not guilty.
[64]*64Clerk: As to the charge of second degree assault of Jackson Augustin Rodriguez ... how do you find the defendant ... guilty or not guilty?
Foreman: Not guilty.
Clerk: As to the charge of first degree assault of Tony Perry ... how do you find the defendant ... guilty or not guilty?
Foreman: Guilty[.]
Clerk: As to the charge of use of a handgun in the commission of a crime of violence ... how do you find the defendant ... guilty or not guilty?
Foreman: Guiltyf.]
Clerk: As to the charge of wearing, carrying and transporting a handgun ... how do you find the defendant ... guilty or not guilty?
Foreman: Guilty.
After the foreman [announced] the jury’s verdict, the clerk of the court hearkened the verdict. The clerk stated:
Ladies and gentlemen of the jury, hearken your verdict as the Court hath recorded it. Your foreman saith that Olusegun Hakeem Ogundipe is guilty of first degree murder of Jackson Augustin Rodriguez on or about July 23, 2006. That Olusegun Hakeem Ogundipe is guilty of attempted first degree murder of Tony Perry on or about July 23, 2006. That Olusegun Hakeem Ogundipe is not guilty of first degree assault of Jackson Augustin Rodriguez on or about July 23, 2006.
That Olusegun Hakeem Ogundipe is not guilty of second degree assault of Jackson Augustin Rodriguez on or about July 23, 2006. And Olusegun Hakeem Ogundipe is guilty of first degree assault of Tony Perry on or about July 23, 2006. That Olusegun Hakeem Ogundipe is guilty of first degree assault of Steven Ramel Broadhead on or about July 23, 2006. That Olusegun Hakeem Ogundipe is guilty of the charge of use of a handgun in the commission of a crime of violence on or about July 23, 2006.

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Cite This Page — Counsel Stack

Bluebook (online)
33 A.3d 984, 424 Md. 58, 2011 Md. LEXIS 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogundipe-v-state-md-2011.