Redditt v. State

655 A.2d 390, 337 Md. 621, 1995 Md. LEXIS 34
CourtCourt of Appeals of Maryland
DecidedMarch 10, 1995
DocketNo. 72
StatusPublished
Cited by25 cases

This text of 655 A.2d 390 (Redditt 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
Redditt v. State, 655 A.2d 390, 337 Md. 621, 1995 Md. LEXIS 34 (Md. 1995).

Opinion

RODOWSKY, Judge.

Petitioner, Augustus Redditt (Redditt), was convicted on multiple counts of robbery with a deadly weapon and related offenses following a jury trial. At that trial the court would not permit a defense witness to take the stand in order to give proffered evidence of improper motive, or bias, on the part of the principal prosecution witness. The basis for exclusion was a violation of the court’s order sequestering witnesses, because the defense witness was in the courtroom during a limited examination of the prosecution witness when that witness was recalled in the defense case. Under the circumstances described below, and for the reasons set forth below, we reverse the conviction.

On Saturday, May 23, 1992, at approximately 11:30 p.m., Cheryl Denise Stokes (Stokes), Nicole Vennie (Vennie), and Veronica Matthews (Matthews) arrived in Vennie’s car at a bowling alley on Security Boulevard in Baltimore County. They planned to attend a “Rock-n-Bowl” event which they believed began at midnight. As they walked from Vennie’s parked car to the building, they noticed a light-blue, Buick Skylark automobile also parked on the parking lot, but with its engine running. Approximately three parked cars separated Vennie’s car from the Skylark. The Skylark was occupied by two males.

After learning that the event began at one a.m., the three women left the building to return to their car. As they were walking between parked cars, with Stokes and Matthews in front and Vennie close behind, they were confronted by two men, one at each end of the aisle between cars. Stokes saw that the Skylark was unoccupied and that its door was open.

The man in front of the group of three women, later identified as Redditt, put a gun to Stokes’s head. He ordered Vennie to take off her jewelry. Vennie was nervous, and the [625]*625man ordered Stokes to help her. Stokes refused, complaining that she was too nervous to help. The other man was taking jewelry from Matthews. Vennie attempted to hide her rings from the man with the gun but he noticed them and demanded that she remove them.1

When all the jewelry was removed, the men ran to the Skylark and sped away. The women, with Vennie driving, gave chase, only to be stopped for speeding by a Baltimore County police officer, James P. Conaboy (Conaboy). They reported the offense and gave the officer a general description of the men. The man with the gun was described as “a black male, mid-20s, thin build, about five nine.” They described the car, and Vennie said its Maryland license plate was PMB 002.

That license was registered to a 1983 Oldsmobile principally garaged in Bel Air, Maryland. Officer Conaboy then inverted the M into a W and found that PWB 002 was registered to a blue Buick Skylark that had been reported as stolen.

The next evening at approximately 11:45 p.m. a Baltimore City police officer arrested Redditt after effecting a stop of the car Redditt was driving, the light blue, Buick Skylark with Maryland tag PWB 002. Redditt fled the vehicle after the stop, but he was apprehended after a two block chase.

One month later, on June 22, Officer Conaboy showed Stokes a photographic array. Her contemporaneous written description of the identification made by her on that occasion was that “[njumber three looks a lot like him, but I believe his head was a little smaller.” Number three in the array was Redditt.

Vennie was shown the same photo array, but she could not identify Redditt. Matthews was never shown the array.

[626]*626On a motion in limine the trial court precluded testimony that the Skylark that Redditt was driving at the time of his arrest was stolen.

Trial was held on February 4, 1993, commencing at 10:00 a.m. After selection of the jury and completion of opening statements, the court, on motion by Redditt that the State’s witnesses be sequestered, ordered that all witnesses be sequestered. All of the evidence in the case was taken by 1:30 p.m. that same day. In addition to the facts described above, Stokes and Matthews made in-court identifications of Redditt. At the conclusion of the State’s case Redditt waived his right to testify, and defense counsel indicated that the defense witnesses would be Stokes and the defense investigator who was on call. The court recessed from 12:45 p.m. to 12:52 p.m.

When proceedings resumed Redditt called Stokes. Her examination as a defense witness comprises two pages of transcript, plus one question and answer. The two pages deal with why Stokes had never viewed a lineup, although Conaboy had asked her to do so. Then, defense counsel put the following question:

“Q. Ms. Stokes, do you recall making a statement to a young lady yesterday that you don’t care who it is, somebody’s going to pay?
“[PROSECUTOR]: Objection.
“THE COURT: Wait a second. I’ll overrule the objection on that.
“A. No, I did not.”

Out of the presence of the jury, and while awaiting the arrival of the investigator, defense counsel inquired of the court:

“[W]ill I be allowed to call the young lady who she made that statement to in rebuttal?
“THE COURT: That isn’t rebuttal. This is your case. You can call—I mean is it somebody who’s been outside? Is it somebody—
[627]*627“[DEFENSE COUNSEL]: No, it’s somebody that’s been sitting in the courtroom.
“THE COURT: Well, how—
“[DEFENSE COUNSEL]: She just told me the statement. During the recess I found out about it.
“THE COURT: Is there an objection?
“[PROSECUTOR]: Yes, your Honor.
“THE COURT: Yes. Number one, it’s your own witness. This is your case. You called Ms. Stokes back as your own witness.
“THE COURT: ... [I]n any event, we’re in the defense’s case. Ms. Stokes was your witness, in addition to which the other—the witness that you want to call is somebody that certainly by the break you knew that you might want to call, and she sat through and listened to Ms. Stokes’ testimony.”

Redditt was convicted and sentenced. He appealed to the Court of Special Appeals where he argued that the circuit court “erred in refusing appellant the opportunity to impeach the State’s key witness with a prior inconsistent statement.” The intermediate appellate court, in an unreported opinion, rejected that argument. The appellate court noted that the first reason given by the trial court, ie., that Redditt would be impeaching his own witness, was no longer valid in light of the abolition of the voucher rule by former Maryland Rule 1-501, now Rule 5-607. The second ground relied upon by the trial court, violation of the sequestration rule, was a valid ground for excluding the witness from testifying, in the view of the Court of Special Appeals. That court reasoned that

“[djefense counsel was informed during a recess of the alleged comment by Ms. Stokes to this witness. At that point, the defense should not have allowed the prospective witness to remain in the courtroom and listen to further testimony.”2

[628]

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Bluebook (online)
655 A.2d 390, 337 Md. 621, 1995 Md. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redditt-v-state-md-1995.