State v. Martin

619 A.2d 992, 329 Md. 351, 1993 Md. LEXIS 22
CourtCourt of Appeals of Maryland
DecidedFebruary 17, 1993
Docket9, September Term, 1992
StatusPublished
Cited by59 cases

This text of 619 A.2d 992 (State v. Martin) 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
State v. Martin, 619 A.2d 992, 329 Md. 351, 1993 Md. LEXIS 22 (Md. 1993).

Opinions

ROBERT M. BELL, Judge.

John Kenneth Martin, the respondent, was convicted by a jury in the Circuit Court for Wicomico County of first degree murder and carrying a weapon with intent to injure. He was sentenced to consecutive terms of life and three years imprisonment.

During the trial, the respondent produced evidence tending to prove that he had an alcohol problem, often resulting in memory lapses, and that, on that night, he was so intoxicated that he did not remember any of the events, either immediately prior to or after the homicide. The respondent also presented expert testimony that it was possible that he had a memory loss and that he might well have experienced a condition called “explosive rage syndrome.” The trial court refused the respondent’s request that the jury be instructed on imperfect self-defense, finding that the issue was not generated.

On appeal, a divided panel of the Court of Special Appeals, in an unreported opinion, affirmed the weapon conviction, but reversed the first degree murder conviction. The majority held that, notwithstanding his lack of memory, the evidence of the circumstances of the homicide, coupled with [354]*354the expert’s testimony, were sufficient to permit the jury to infer that the respondent acted in imperfect self-defense. We granted the State’s petition for certiorari to consider under what circumstances imperfect self-defense may be generated by evidence other than the defendant’s testimony.1

I.

Considered in the light most favorable to the respondent, see Wilson v. State, 319 Md. 530, 535, 573 A.2d 831, 833 (1990); West v. State, 312 Md. 197, 207, 539 A.2d 231, 236 (1988); Bloodsworth v. State, 307 Md. 164, 167, 512 A.2d 1056, 1057 (1986); Dixon v. State, 302 Md. 447, 450, 488 A.2d 962, 963 (1985); Tichnell v. State, 287 Md. 695, 717, 415 A.2d 830, 842 (1980) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979)), the evidence bearing on the issue was as follows. The respondent and Wayne Gordy, the victim, were among a “bunch of guys” sitting around talking “behind Cooper’s Market, beside the school” in Willards. The respondent and Gordy were arguing. After five to ten minutes, Gordy ordered the respondent to, “go on and get out of there and don’t come back unless I tell you you can” and that “this time would be different, it would be me kicking your ass all across this parking lot.” Gordy followed the respondent briefly as he walked towards his truck.

Sometime later, when the victim and a friend, who had driven around for a while, returned to that general location, the respondent was seated in his car near the school. Gordy told his friend that he was going to walk over and see what the respondent was doing there. Gordy left the [355]*355car carrying a beer cup in one hand and “a party ball” 2 in the other. His friend had also gotten out of the car and was coming around the front of a parked truck when he heard a gunshot. He turned and saw the victim falling and the respondent’s car taking off.

The respondent’s car was discovered about three quarters of a mile from the scene of the shooting. The keys were still in the ignition and a shotgun shell was on the floor of the driver’s side. A spent shell, and one other, were found on the ground outside the car. The respondent’s property was searched. A shotgun was recovered from a wooded area in the back of the residence and a box of shotgun shells was found on a dresser in the respondent’s bedroom. The respondent was found asleep in the front seat of a junked car on the outskirts of the property.

Defense testimony established that the respondent had been drinking beer, more or less continuously, the entire day. It also established the respondent’s drinking habits. According to his brother, the respondent sometimes drank to a point where he could not remember where he had been or what he had done. He also testified that, when the respondent was arrested, “[the officers] were more or less ... holding him up because he couldn’t hardly walk on his own.”

The respondent, testifying in his own behalf, stated that, until the officers found him asleep in his backyard, the last thing he remembered was standing behind Cooper’s Market and hearing a siren go off. In addition, addressing his drinking, he said he had experienced memory loss quite often in the year prior to his arrest, most recently some two weeks before. He admitted consuming a significant amount of beer and smoking marijuana on the night in question.

[356]*356A licensed pharmacist and professor of drug abuse education testified for the respondent as an expert in the area of pharmacology and toxicology. He asserted, based on testing, that the respondent was an alcoholic, that a person of the respondent’s size who consumed 20 to 24 beers in a 12 hour period, would be “severely intoxicated,” without “any ability for cautionary reactions” and liable to experience an “alcohol blackout,” i.e., an alcohol-induced form of amnesia. The witness also testified that, had the respondent consumed sufficient alcohol to produce a blood alcohol level of 0.2, as the testimony suggested he did, an “explosive rage syndrome”, characterized by very aggressive, assaultive, and out of control conduct could have resulted.

The trial court denied the respondent’s request that the jury be instructed on “imperfect self-defense.” It determined that no legally sufficient basis to generate the issue had been shown.

II.

A.

Maryland Rule 4-325, in pertinent part, provides:

(c) How Given. The court may, and at the request of any party shall, instruct the jury as to the applicable law and extent to which the instructions are binding. The court may give its instructions orally or, with the consent of the parties, in writing instead of orally. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.

We have interpreted this rule to require a trial judge to “give a requested instruction that correctly states the applicable law and that has not been fairly covered in instructions actually given.” Mack v. State, 300 Md. 583, 592, 479 A.2d 1344, 1348 (1984). See also Dean v. State, 325 Md. 230, 240, 600 A.2d 409, 413 (1992); Hunt v. State, 321 Md. 387, 442, 583 A.2d 218, 245 (1990), cert. denied, — U.S. -, 112 S.Ct. 117, 116 L.Ed.2d 86 (1991); Bruce v. State, 318 Md. 706, 733, 569 A.2d 1254, 1268 (1990); Johnson v. State, 310 Md. 681, 686, 531 A.2d 675, 677 (1987). Of [357]*357course, to merit an instruction, the issue as to which the request is made must have been generated by the evidence adduced. See Md. Rule 4-432(b); Rubin v. State, 325 Md. 552, 585, 602 A.2d 677, 693 (1992); Johnson v. State, 303 Md. 487, 512, 495 A.2d 1, 13, cert. denied, 474 U.S. 1093, 106 S.Ct. 868, 88 L.Ed.2d 907 (1985); Smith v. State, 302 Md. 175, 179, 486 A.2d 196, 198 (1985). See also Md.

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Cite This Page — Counsel Stack

Bluebook (online)
619 A.2d 992, 329 Md. 351, 1993 Md. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-md-1993.