Rollins v. State

912 A.2d 720, 172 Md. App. 56, 2006 Md. App. LEXIS 265
CourtCourt of Special Appeals of Maryland
DecidedDecember 13, 2006
DocketNo. 1804
StatusPublished

This text of 912 A.2d 720 (Rollins 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
Rollins v. State, 912 A.2d 720, 172 Md. App. 56, 2006 Md. App. LEXIS 265 (Md. Ct. App. 2006).

Opinion

MURPHY, C.J.

In the Circuit Court for Prince George’s County, a jury (Hon. Michele D. Hotten, presiding) convicted Ivan Lorenzo Rollins, appellant, of first degree murder. The State’s evidence, which included appellant’s confession, was sufficient to establish that appellant committed this offense on December 26, 2003. Appellant argues, however, that there are four reasons why he is entitled to a new trial:

I. THE TRIAL COURT ERRED IN DENYING MR. ROLLINS’ MOTION TO SUPPRESS STATEMENTS MADE DURING CUSTODIAL INTERROGATION.
II. THE TRIAL COURT ERRED IN ADMITTING TESTIMONY BY MR. ROLLINS FROM AN UNRELATED CASE TAKEN IN VIOLATION OF HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION AND HIS SIXTH AMENDMENT RIGHT TO COUNSEL.
[59]*59III. THE TRIAL COURT ERRED IN PERMITTING THE STATE TO INTRODUCE IRRELEVANT AND PREJUDICIAL EVIDENCE OF PRIOR BAD ACTS IN ITS CASE-IN-CHIEF, DURING CROSS-EXAMINATION OF APPELLANT, AND ON REBUTTAL.
IV. THE COURT ERRED WHEN IT PERMITTED THE STATE, OVER OBJECTION, TO MISCHAR-ACTERIZE DEFENSE COUNSEL’S CLOSING ARGUMENT.

For the reasons that follow, we hold that there is no merit in any of these arguments, and we shall therefore affirm the judgment of the circuit court.

Factual Background

About 4:00 p.m. on December 26, 2003, while Corporal Styles Hodge of the Prince George’s County Police Department was responding to a “trouble” call at an apartment complex in Landover, he was “flagged down” by appellant, who was crying. Corporal Hodge observed that one of appellant’s hands was bleeding. Appellant led Corporal Hodge to apartment 202, where he observed the victim lying face down in a pool of blood. At this point, appellant stated that he had “discovered her” in that condition. Appellant also stated to Corporal Hodge that, as he approached the victim’s apartment, he “heard her screaming,” and when he entered the apartment he encountered “a guy in a ski mask” who “fled out the front door.”

Appellant was transported to the Criminal Investigative Division, where he ultimately told Detective Meredith Bingley that he killed the victim when she came at him with a knife. According to Detective Bingley, appellant stated:

We were arguing. She’s never nice to me. She’s always mean. She doesn’t treat me well. We’re arguing and she takes the knife and comes at me and I grab the knife and defending myself, I stabbed her 21 times.

[60]*60Dr. Susan Hogan, the assistant State Medical Examiner who performed an autopsy on the victim, testified that twelve “stab wounds” and eight “cutting wounds” were discovered on the victim’s body. The State’s case-in-chief included character witnesses who testified that the victim had a good character for the character traits of peace and good order.

Appellant testified that the statements he made to Corporal Hodge were true, and that the first statements he made to the Criminal Investigative Division detectives (which were consistent with what he had said to Corporal Hodge) were also true. According to appellant, his subsequent false inculpatory statements were made because he was afraid of what the officers might do to him.

The State’s case in rebuttal included evidence that (1) appellant carried a knife in his car, (2) in the summer of 2003, appellant left threatening phone messages on the victim’s answering machine, and (3) in the summer of 2003, the victim used her next door neighbor’s phone to place a “911 call,” and told her neighbor that “her boyfriend was harassing her and she wanted to call the police.” On this occasion, the neighbor saw appellant “standing in the middle of the street hollering for her to come out, that he wanted to talk to her.”

I.

The circuit court denied appellant’s motions to suppress his inculpatory statements in an on-the-record opinion that included the following findings and conclusions:

For purposes of the suppression hearing, the Court is dealing with:
(1) Two oral statements made by the defendant on December 26, 2003 on the scene, one to Officer Hodge, one to Officer Johnson;
(2) Two oral statements made by the defendant to Detective Bingley, same date prior to the CD equipment being turned on. That is, in part, reflected by Defense Exhibit 3 which would have been notes or copies of notes taken by [61]*61Detective Bingley concerning her interview of the defendant.
(3) an oral statement made to Detective Bingley by the defendant once the equipment was activated.
(4) a written statement which is in two parts: one, State’s Exhibit 3, pages 1 through 4. The second, pages 5 through 8 or, depending upon your point of view, which is reflected in State’s Exhibit 5.
Any and all statements will be addressed for purposes of their constitutional dimensions, including the component of Miranda.
(5) the warrantless search and seizure of the defendant’s person, which is recorded on the CD.
At the status hearing, both sides agreed to allow the Court to review the almost four-and-a-half hours of the CD which addresses or concerns a sizeable portion of the defendant’s interview by Detective Bingley on December 26, 2003[and] on December 27, 2003, which the Court reviewed at length prior to the proceedings. There were several exhibits admitted into evidence and the Court, for purposes of discussion, is going to go through them.
There are two federal constitutional laws governing the defendant’s statement or statements procured either during the course of custodial interrogation by the police or other state agents. The Fifth Amendment to the U.S. Constitution essentially provides in part that no person shall be compelled in any criminal case to be a witness against himself. In other words, compelled self-incrimination is prohibited.
The Sixth Amendment provides in pertinent part in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense. In other words, the right to assistance of counsel.
Overlapping the two is the 14th Amendment due process clause which is applicable to the states. It essentially [62]*62provides, “nor shall any state deprive any person of life, liberty, or property without due process of law.”
The state eorollar[ies] are contained in the Maryland common law and in Article 21 of the Maryland Declaration of Rights, that is the right to counsel, Article 22 of the Maryland Declaration of Rights, guarantee against self-incrimination, and Article 24 which is the due process entitlement.
There must also be, in addition to satisfaction of all of those conformance with Miranda which is triggered by custodial interrogation and requires the appropriate warnings being given and appropriately waived. The State must establish by a preponderance of the evidence that the statements procured were procured within the dictates of all appropriate federal, state law, common law and the dictates of Miranda. The statements are admissible if freely and voluntarily made.

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Bluebook (online)
912 A.2d 720, 172 Md. App. 56, 2006 Md. App. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollins-v-state-mdctspecapp-2006.