Ruffin v. State

906 A.2d 360, 394 Md. 355, 2006 Md. LEXIS 545
CourtCourt of Appeals of Maryland
DecidedAugust 31, 2006
Docket86, September Term, 2005
StatusPublished
Cited by27 cases

This text of 906 A.2d 360 (Ruffin 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
Ruffin v. State, 906 A.2d 360, 394 Md. 355, 2006 Md. LEXIS 545 (Md. 2006).

Opinions

ELDRIDGE, Judge.

In every criminal jury trial, the trial court is required to instruct the jury that the defendant is presumed innocent, that in order to convict the defendant of the charged crime the State must prove the guilt of the defendant beyond a reasonable doubt, and that the jury has a duty to acquit in the absence of such proof. Merzbacher v. State, 346 Md. 391, 398, 697 A.2d 432, 436 (1997). The sole issue in this case is whether the trial court’s jury instruction on the presumption [357]*357of innocence and proof beyond a reasonable doubt was erroneous because it deviated from the Maryland Criminal Pattern Jury Instruction (MPJI-CR) 2:02.1 We shall hold that the trial court must closely adhere to the approved pattern instruction on the presumption of innocence and reasonable doubt, MPJI-CR 2:02. Because we hold that the trial court is required to instruct the jury closely following MPJI-CR 2:02, we shall hold that the specific instruction given by the trial court in this case constituted reversible error.

I.

Petitioner, James Allen Ruffin, was charged with several counts of robbery with a deadly weapon and related offenses stemming from an incident in which Ruffin allegedly held William Gosnell and others at gunpoint in the Gosnell home and removed property from that home and from Mr. GosnelFs person. Ruffin was tried, along with a co-defendant, before a jury in the Circuit Court for Baltimore County. The main issue at trial was the disputed identifications of Ruffin and his co-defendant by one of the alleged victims. Following the evidentiary portion of the trial, the judge instructed the jury on the presumption of innocence and the reasonable doubt [358]*358standard of proof. The court’s instructions were in pertinent part as follows:

“The defendants in this case are presumed innocent, just as every defendant who is tried in every courtroom in the United States of America in a criminal charge is. And the presumption remains with the defendants throughout the trial until you believe it has been overcome and are convinced beyond a reasonable doubt that a defendant is guilty.
“The State has the burden of proving the guilt of the defendants beyond a reasonable doubt. The burden remains on the State throughout the trial. The defendants are not required to prove their innocence; however, the State is not required to prove guilt beyond all possible doubt or a mathematical certainty, nor is the State required to negate every conceivable circumstance of innocence.
“A reasonable doubt is a doubt founded upon reason. It’s not a fanciful doubt, a whimsical doubt or a capricious doubt. Proof beyond a reasonable doubt requires such proof as would convince you of the truth of a fact to the extent that you would be willing to act upon such belief without reservation in an important matter in your own business or personal affairs.”

Defense counsel took exception to the trial court’s instruction because it deviated from MPJI-CR 2:02 significantly. Defense counsel argued that the court erred in leaving out the last sentence of that instruction, which would have informed the jury of its duty to acquit if it was not satisfied of the defendant’s guilt beyond a reasonable doubt. Defense counsel stated:

[DEFENSE COUNSEL:] Well actually, Your Honor, I don’t think Your Honor did it intentionally, but in the reasonable doubt instruction Your Honor left off the last sentence from the reasonable doubt instruction as it’s written in the book.
THE COURT: Gave the reasonable doubt instruction I have been giving for 18 years. I don’t read the one out of the book.
[359]*359[DEFENSE COUNSEL:] Okay. Well, I didn’t bring that one with me, if I can have a second to go ...
THE COURT: Yeah, go ahead.
[DEFENSE COUNSEL:] This is in instruction 2:02 of the model instructions. The last sentence says, quote, however, if you are not satisfied of the defendant’s guilt to that extent then reasonable doubt exist [sic] and the defendant must be found not guilty.

The Court overruled the objection, stating:

THE COURT: And the reason I don’t give that is because it seems only fair to me that you would then continue, if you are convinced of the defendant’s guilt beyond a reasonable doubt then you should find the defendant guilty. And I say that throughout the whole thing. So I don’t give that intentionally because I think it’s only one sided. Haven’t done it in 18 years, never had a case reversed. What’s next.
[DEFENSE COUNSEL:] Thank you. I would proffer that additional sentence as to instruction 2:02.

Following the trial court’s instructions, the jury left the courtroom to deliberate. After twice announcing to the court that they were deadlocked, the jurors were given a modified Allen charge.2 Three hours later, the jury returned its verdict. Ruffin was acquitted on three charges, including two counts of robbery with a deadly weapon and one count of [360]*360kidnapping. He was convicted on one count of robbery with a deadly weapon and of using a handgun during the commission of a felony. He was subsequently sentenced to 15 years imprisonment for the robbery conviction, and he received a five year concurrent sentence, without parole, for the handgun conviction.

Ruffin’s appeal to the Court of Special Appeals presented two issues. Ruffin argued that the trial court erred in both denying his motion to suppress an out-of-court photographic identification of him and in failing to properly instruct the jury. Specifically, he argued that the judge failed to inform the jury of its duty to acquit in the absence of proof beyond a reasonable doubt. The Court of Special Appeals, in an unreported opinion, affirmed. On the issue of the jury instruction, the Court of Special Appeals held that the jury instruction “adequately conveyed the State’s burden of proving appellant’s guilt beyond a reasonable doubt” and that the trial court had no further duty to supplement its instruction as requested.

Ruffin then filed in this Court a petition for a writ of certiorari, contending that the trial court erred in modifying the pattern jury instruction on reasonable doubt and the presumption of innocence, and erred in refusing to give that portion of the instruction regarding the jury’s duty to acquit in the absence of proof beyond a reasonable doubt. We granted the petition. Ruffin v. State, 389 Md. 398, 885 A.2d 823 (2005).

II.

Ruffin argues that the jury instruction given by the trial judge violated his procedural rights because key portions of the pattern jury instruction, necessary for the jury to understand its duties, were omitted. In making this argument, Ruffin points to the three deviations from MPJI-CR 2:02 given by the trial court. Ruffin’s principal contention is that the trial court erred in omitting the last sentence of MPJI-CR 2:02, which states: “However, if you are not satisfied of the [361]

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Bluebook (online)
906 A.2d 360, 394 Md. 355, 2006 Md. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruffin-v-state-md-2006.