Poe v. State

652 A.2d 1164, 103 Md. App. 136, 1995 Md. App. LEXIS 17
CourtCourt of Special Appeals of Maryland
DecidedFebruary 2, 1995
DocketNo. 408
StatusPublished
Cited by3 cases

This text of 652 A.2d 1164 (Poe 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
Poe v. State, 652 A.2d 1164, 103 Md. App. 136, 1995 Md. App. LEXIS 17 (Md. Ct. App. 1995).

Opinion

HARRELL, Judge.

On 27 January 1994, appellant, James Allen Poe, was convicted by a jury in the Circuit Court for Cecil County (Cole, J., presiding) of first degree murder of Kimberly Rice and attempted first degree murder of Karen F. Poe. Appellant was sentenced on 18 March 1994 to life imprisonment without parole on the first degree murder count, and thirty years consecutive for the attempted first degree murder count. Appellant filed a timely notice of appeal to this Court.

ISSUES

I. Did the court properly deny appellant’s motions for judgment of acquittal?
II. Did the court properly instruct the jury as to the doctrine of transferred intent?
III. Did the court properly instruct the jury as to murder and attempted murder?
IV. Did the court properly instruct the jury as to reasonable doubt?
V. Did the court properly instruct the jury as to the substantive evidence value of prior inconsistent statements?
VI. Did the court properly sentence appellant?

FACTS

Appellant and Karen F. Poe were married for eleven years and had four children. In the spring of 1993, they separated and appellant moved out of their residence at 270 Hopewell Road, Rising Sun, Maryland, leaving Ms. Poe with the four children. After initiating divorce proceedings, Ms. Poe began [140]*140co-habitating with her boyfriend, Duane Rice, at 270 Hopewell Road. Mr. Rice’s two children, Jason and Kimberly, visited him there every other weekend and every other Wednesday. On 9 August 1993, Donna Biggs, Ms. Poe’s half-sister, and her boyfriend, Michael Sponseller, visited Ms. Poe at 270 Hopewell Road and spent the night. At that time, there were six children in the house, Ms. Poe’s four children and Jason and Kimberly Rice.

The next day, 10 August 1993, appellant arrived at 270 Hopewell Road sometime between noon and 1:00 p.m. to take his four children fishing or swimming.1 After the children got into appellant’s car, appellant and Ms. Poe began to argue. Ms. Poe testified that she did not want him to take the children because she “heard he was going to Florida” and “didn’t like his girlfriend.” She explained that she “wasn’t going to share [her] kids with no other woman.” As the argument progressed, Ms. Poe threatened to call the police to “get him off the property.”

Ms. Biggs testified that, at this time, she was sweeping the children’s living room on the ground level in the front of the house when Ms. Poe came inside the house to make a 911 call.2 Ms. Poe then went back outside and continued arguing with appellant. After a short time, she returned to make another call to the police. Ms. Biggs testified that she looked out the front window and saw appellant “going in the trunk.” She asked Ms. Poe “what was he getting,” to which she responded, “he carries a gun.” Appellant returned to the front of the house with a shotgun. Ms. Biggs explained that “next thing [she knew she looked] up in front of the screen door and [appellant] has got the gun pointed in the house.” Appellant [141]*141then exclaimed “take this, bitch,” and shot Ms. Poe, who was standing in the center hallway leading to the front door.

Ms. Biggs immediately sought cover behind a chair in the adults’ living room. She testified next that she “peeked out the door” and saw appellant reload the gun. She immediately retreated, crouched behind a nearby couch, and began praying. She then heard another shot and something hit the floor.3 The four Poe children ran into the house. Mr. Sponseller went upstairs to get a towel for Ms. Poe, as he “was close enough to see the damage they had done to her.” Ms. Poe met Mr. Sponseller on the stairs and they proceeded to wrap her arm with a towel. As they got to the bottom of the stairs, Mr. Sponseller explained that he heard Ms. Poe state that “Kimberly was shot.” Noticing the extensive injuries to Kimberly,4 who was lying in the kitchen, Mr. Sponseller called 911. While on the telephone, he witnessed appellant get into his vehicle and drive away.

Maryland State Trooper Thomas Beman was one of the officers responding to the scene. He testified that he observed three holes in the front screen door of the house and exit holes in the back door of the house. Additionally, an empty shell casing was recovered next to the front door. Beman also explained that he found a shotgun in an embankment approximately 450 feet from the front door of the house.

Pennsylvania State Trooper John A. Litchko testified that, on 10 August 1993, he stopped appellant in Chester, Pennsylvania. According to Trooper Litchko, appellant immediately stated that “he didn’t mean to do it, that he loved kids.” While he was being searched, appellant also stated that “he [142]*142threw the gun out the window close to the scene.” Appellant was then placed in the police vehicle, whereupon he stated that “|j]t was an accident, [he] didn’t mean to do it. [He] was holding the gun in the air and the gun went off.”

In a subsequent statement to Pennsylvania police, appellant explained:

I did not mean to hurt anyone. I love them all down there. What happened was that I went to see my wife and kids, who I am separated from at this time. I wanted to visit the kids and she told me to get out of there or she was going to call the police. I went to my car and got out my 12-gauge shotgun and I accidentally fired it into the house. I don’t know what I hit. I just heard them start yelling and I was scared so I jumped into my vehicle and took off____

Two hours later, appellant made a second statement concerning the incident. He explained that after Ms. Poe threatened to call the police, he retrieved the gun from his vehicle to dispose of it so that “he [would not] be caught with a shotgun.” He changed his mind, however, and was about to return the gun to the vehicle when he “tripped over his feet and the shotgun [discharged].” When questioned by police about the discrepancies between his first and second statements, appellant responded: “Whatever. She wasn’t going to let me see the kids and what’s the use of living if you can’t see your kids.”

DISCUSSION

Although appellant presents issues I and II as one argument in his brief, we shall consider each issue separately to facilitate our discussion.

I.

' Appellant contends that the circuit court improperly denied his motions for judgment of acquittal. He argues that “[n]o substantive evidence was adduced that the appellant saw Kimberly Rice, or that he had any intention to harm.” In his brief, however, appellant concedes that “the evidence, in the [143]*143light most favorable to the State, would be that the appellant intentionally fired at his wife.” Consequently, appellant has waived his sufficiency claim as to attempted murder of Ms. Poe. Therefore, we discuss only appellant’s argument challenging the sufficiency of the evidence to convict him of murder in the first degree of Kimberly Rice.

The State, however, argues that appellant failed to preserve this issue for appeal. Specifically, the State contends that appellant, at the close of the State’s case, made a motion for judgment of acquittal only as to the attempted

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Related

State v. Eastman
913 P.2d 57 (Hawaii Supreme Court, 1996)
Poe v. State
671 A.2d 501 (Court of Appeals of Maryland, 1996)

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Bluebook (online)
652 A.2d 1164, 103 Md. App. 136, 1995 Md. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poe-v-state-mdctspecapp-1995.