Scott v. State

465 A.2d 1126, 297 Md. 235, 1983 Md. LEXIS 298
CourtCourt of Appeals of Maryland
DecidedSeptember 19, 1983
Docket[No. 116, September Term, 1981 and No. 75, September Term, 1982.]
StatusPublished
Cited by74 cases

This text of 465 A.2d 1126 (Scott 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
Scott v. State, 465 A.2d 1126, 297 Md. 235, 1983 Md. LEXIS 298 (Md. 1983).

Opinions

Davidson, J.,

delivered the opinion of the Court. Murphy, C. J., and Smith and Rodowsky, JJ., dissent. Murphy, C. J., filed a dissenting opinion at page 253 infra, in which Smith and Rodowsky, JJ., join.

On 1 October 1981, in the Criminal Court of Baltimore (now the Circuit Court for Baltimore City), a jury convicted the appellant, Martin Francis Scott (accused), insofar as here relevant, of premeditated murder. After the jury determined that the appropriate sentence was death, the trial court imposed the death penalty. This appeal followed.

On appeal, the accused does not contend that the trial court committed error during the guilt phase of the trial. The accused asserts, however, that the trial court committed numerous prejudicial errors in the course of the sentencing proceeding. More particularly, he asserts that the trial court improperly admitted certain evidence intended to show that the accused had committed two unrelated murders with which he had been charged but for which there had been no conviction.1 Because we find that the trial court committed prejudicial error by admitting that evidence, we shall vacate the death sentence and remand the case for a new sentencing proceeding. Under these circumstances, no other questions need be considered.

■ Here the record shows that at the conclusion of the guilt phase of the trial, the accused was convicted of the premeditated murder of Glenn Harrod, a cashier at a McDonald’s Restaurant, a crime committed on 25 November 1980 during the course of an armed robbery. At the [237]*237sentencing proceeding, in his opening statement, the State’s Attorney said:

"[T]he State openly admit[s] that there is a mitigating circumstance in this case.... [W]e are admitting ... that Martin Scott has not previously been convicted of a crime of violence.”

Thus, the State conceded that the accused had not previously been convicted of a crime of violence.

The State then proffered evidence to show that on 12 November 1980, during the course of an armed robbery, the accused killed John Hiotis, the owner of the Gyros Restaurant, and that on 26 November 1980, during the course of an armed robbery, the accused killed Jung Ju So, an employee of the Shurefine Market. The accused objected to the admission of the proffered evidence. After hearing testimony out of the presence of the jury relating to the two unrelated murders, the trial court determined that the evidence was "relevant and probative” and that the "evidence of the [accused’s] conduct in those [two unrelated murders] establishes his participation beyond any reasonable doubt.” The trial court concluded that even though there was no conviction, the evidence was admissible under Maryland Code (1957, 1982 Repl. Vol.), Art. 27, § 413 (c) (1) (v).

Thereafter, both direct and circumstantial evidence was presented to the jury to show that the accused had committed the two unrelated murders. With respect to the 12 November murder of Hiotis, the evidence consisted of the testimony of an eyewitness who made a positive in-court identification of the accused and the testimony of a psychiatrist, a psychologist, and a friend, to each of whom the accused had confessed. With respect to the 26 November murder of Jung Ju So, the evidence consisted of the testimony of two eyewitnesses, each of whom made positive in-court identifications of the accused, the testimony of a psychologist to whom the accused had confessed, and the testimony of a fingerprint expert that the accused’s fingerprint was found at the scene of the crime. In addition, [238]*238evidence relating to the accused’s background, character, and mental state at the time of the Harrod murder was adduced.

After the accused completed closing argument, the State, in closing argument, emphasized the significance of the two unrelated murders. More particularly, the State said in pertinent part:

"What is more important than the mitigating circumstance, if any, which you find ... why it’s the two other murders.... Because what you do is this: Here’s how you do it.
"You first decide if there’s an aggravating circumstance beyond a reasonable doubt to a moral certainty. Then you find if there’s any mitigating circumstances to the standard of preponderance of the evidence. The tipping of the scale, and then against any and all mitigating circumstances you find, you balance the other two murders.
"Now, what could be more of a proper thing to take into consideration in balancing against any and all mitigating circumstances than the fact Mr. Scott killed two fellow human beings in cold blood?
"If they had all eight mitigating circumstances and you balance that against the facts that the [accused] committed two other murders, if you find that it is relevant and probative to consider that fact, then you lump that all together, and you analyze that in your mind. You say, okay. He’s got number 8, number 1, number 4, and let’s see, he killed two other people. All right. In my mind the mitigating circumstances aren’t worth anything because how important can it be that he was perhaps substantially impaired, which is only one [239]*239factor. It’s not that he’s guilty or innocent. It’s not life or death if a mitigating circumstance exists. You could have every single mitigating circumstance. You could balance that with two other murders.
"Then you’d say, okay. I weigh that all together. Just to give you some kind of an idea, let’s say my one aggravating circumstance is worth a hundred points or any figure you want to use. Now, we have given them three mitigating circumstances. They add up to a hundred points, but when I think about he killed two other people, good God! What’s more important?
"That wipes out all of the mitigating circumstances. They are not worth a hill of beans. They are worth nothing even though I fínd they exist. They are of no consequence compared to the two other murders, and when you balance that result against the one aggravating circumstance, I wouldn’t care if he had all eight.
You have heard the testimony of the other two murders. We say other two murders. You all have heard the testimony. You know there’s two people who are dead besides Glen Harrod. They are just not two other murders. They are two other people.
They are dead. They are dead. You don’t know what their trials were, what their upbringings were like, what they had to go through, what they left behind, who mourns for them, who grieves for them, who misses them. People that have nightmares over their deaths.
You just don’t know about those people because the [240]*240person on trial is the person who gets the focus of all your attention. Meanwhile, these people are snuffed out like you would step on a match that was burning your finger. They are just going. You just don’t know about them, and we sit there and talk about murders.
"These are people. These are real, live people who were absolute innocents. They were innocents. They were innocent persons who died.
"They are dead.
"That’s what I mean when I say to you two murders.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of the Public Defender v. State
993 A.2d 55 (Court of Appeals of Maryland, 2010)
Schmidt v. Prince George's Hospital
784 A.2d 1112 (Court of Appeals of Maryland, 2001)
In Re Nicholas B.
768 A.2d 735 (Court of Special Appeals of Maryland, 2001)
State v. Gross
760 A.2d 725 (Court of Special Appeals of Maryland, 2000)
(2000)
85 Op. Att'y Gen. 120 (Maryland Attorney General Reports, 2000)
Clermont v. State
704 A.2d 880 (Court of Appeals of Maryland, 1998)
Burch v. State
696 A.2d 443 (Court of Appeals of Maryland, 1997)
Conyers v. State
693 A.2d 781 (Court of Appeals of Maryland, 1997)
Williams v. State
679 A.2d 1106 (Court of Appeals of Maryland, 1996)
United States v. Davis
912 F. Supp. 938 (E.D. Louisiana, 1996)
Williamson v. Reynolds
904 F. Supp. 1529 (E.D. Oklahoma, 1995)
Whack v. State
659 A.2d 1347 (Court of Appeals of Maryland, 1995)
In re Roger S.
658 A.2d 696 (Court of Appeals of Maryland, 1995)
Paxton v. State
1993 OK CR 59 (Court of Criminal Appeals of Oklahoma, 1993)
Colvin-El v. State
630 A.2d 725 (Court of Appeals of Maryland, 1993)
Hunt v. State
583 A.2d 218 (Court of Appeals of Maryland, 1990)
Board of Trustees of Fire & Police Employees Retirement System v. Kielczewski
551 A.2d 485 (Court of Special Appeals of Maryland, 1989)
Green v. Bair
549 A.2d 762 (Court of Special Appeals of Maryland, 1988)
Wynn v. State
546 A.2d 465 (Court of Appeals of Maryland, 1988)
Comptroller of the Treasury v. American Satellite Corp.
540 A.2d 1146 (Court of Appeals of Maryland, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
465 A.2d 1126, 297 Md. 235, 1983 Md. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-md-1983.