State v. Stanley

720 A.2d 323, 351 Md. 733, 1998 Md. LEXIS 879
CourtCourt of Appeals of Maryland
DecidedNovember 18, 1998
Docket2, Sept. Term, 1998
StatusPublished
Cited by101 cases

This text of 720 A.2d 323 (State v. Stanley) 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. Stanley, 720 A.2d 323, 351 Md. 733, 1998 Md. LEXIS 879 (Md. 1998).

Opinions

CATHELL, Judge.

This case requires us to examine a criminal defendant’s constitutional right to compulsory process under the Sixth and Fourteenth Amendment and the former statute relating to the offense of assault with intent to maim, disfigure, or disable.1

Because the State’s Attorney’s comment to the prosecutorial witness about the consequences of perjury was not a threat to prosecute the witness if her testimony did not satisfy the prosecutor but merely a general warning, such comment did not deprive the defendant of his constitutional right to compulsory process.2 Furthermore, there was sufficient evidence to convict the defendant of assault with intent to maim, disfigure, or disable the victim because he stabbed her several times in the chest with a deadly weapon.

[737]*737I. Facts and Procedural History

On November 16, 1995, Larry D. Stanley, respondent and cross-petitioner, hereinafter “respondent,” was arrested and subsequently charged with assault with intent to maim, assault, battery, and wearing and carrying a concealed weapon as a result of an attack on victim Tammy Jones. At trial, Trooper L. Edward White, Jr. testified that he responded to an emergency call on November 16 for an assault in progress in Salisbury, Maryland. Trooper White further testified that upon arriving at the scene of the incident, he saw respondent and Ms. Jones walking together on a nearby street. Both respondent and Ms. Jones had blood on their clothes and Ms. Jones, who was upset and crying, had blood on her upper chest and face.

Trooper White and another trooper separated respondent and Ms. Jones, taking Ms. Jones to an ambulance. She continued crying while in the ambulance, but was able to relate to Trooper White what had occurred earlier. Ms. Jones told him that while she and respondent went out for a walk, their conversation escalated into an argument. During their argument, respondent hit Ms. Jones with his fists, stabbed her in the chest with a knife, and bit her ear. Ms. Jones was taken to the Peninsula Regional Medical Center. There, she was treated for a laceration and several bruises to her head, three two-centimeter stab wounds to her chest, and a jagged five-centimeter laceration to her ear, which required multiple sutures.

Prior to respondent’s trial, Ms. Jones allegedly informed the prosecuting attorney in a letter that respondent was not her assailant. During the trial, the prosecuting attorney approached Ms. Jones in a hallway outside of the courtroom and informed her that she would3 be prosecuted for perjury if she did not testify truthfully.

[738]*738Respondent waived his right to a jury and was tried before Judge D. William Simpson in the Circuit Court for Wicomico County on April 19, 1996. At trial, Ms. Jones was called to testify as a State’s witness about the events that occurred on November 16, but she asserted her Fifth Amendment privilege against self-incrimination and refused to answer any questions. The defense did not question Ms. Jones and called no witnesses. Respondent ultimately was convicted of all four charges.

Respondent filed a motion for new trial on May 9,1996. On August 9, 1996, after a hearing on the motion, Judge Simpson denied respondent’s motion and sentenced him to incarceration for a period of fifteen years for the assault with intent to maim conviction and three years for the wearing and carrying a deadly weapon conviction, to be served consecutively. Judge Simpson then suspended the three-year sentence and placed respondent on supervised probation for thirty-six months upon his release. The assault and battery convictions merged into the assault with intent to maim conviction for sentencing purposes.

At the hearing on the motion for new trial, respondent argued, inter alia, that the prosecuting attorney committed misconduct during the trial by threatening to charge Ms. Jones with perjury if she did not testify truthfully. During the hearing, the following colloquy took place between the judge and the prosecuting attorney:

THE COURT: ... [D]id you chill [Ms. Jones’s] testimony by threatening her? That is what [respondent is] alleging.
[STATE’S ATTORNEY]: There is no evidence of that. I put her on the witness stand. I began to ask her questions, and she began to take the [F]ifth [Amendment] as to some very innocuous questions____ We got her here [to testify].
I think there is no indication of a threat at all.
THE COURT: Are you saying that you didn’t threaten her to prosecute her for perjury?
[STATE’S ATTORNEY]: No, sir.

[739]*739A few minutes later, respondent’s counsel called Ms. Jones as a witness and asked her about the conversation she had with the prosecuting attorney in the hallway outside the courtroom during the trial. Ms. Jones testified as follows:

[MS. JONES]: [W]ell, I was told that if I get up on the stand and perjure myself, I am going to be charged with perjury and sent to jail.
THE COURT: You were told if you perjured yourself, you could be charged with perjury?
[MS. JONES]: Yes.

After Ms. Jones stepped down from the witness stand, the following was said:

THE COURT: If we assume the truth of what she just testified to, what did the prosecutor do wrong?
[DEFENSE COUNSEL]: The prosecution threatened her with perjury.
THE COURT: If she perjured herself.
[DEFENSE COUNSEL]: Perjury, prosecution, Your Honor.
THE COURT: If you perjure yourself.
She didn’t say if you say this, if you say that, or anything of that nature.
If you believe what that witness just testified to, every bit of which the prosecutor denies, all she told the witness was, if you lie, you could be prosecuted for perjury.
She didn’t say, if you say X, you will be prosecuted for perjury. If you say Y, you will be prosecuted for perjury. Just if you lie.
When you get up, if you tell the truth, you won’t. If you lie, you will.
WTiat is wrong with that?
[DEFENSE COUNSEL]: Well, as a prospective defense witness,[4] Your Honor, and in receipt of the letter that that [740]*740witness gave the State, I believe that there was another way to do this.
That in one of the cases that I gave you indicates that way, should be done by the Court, not by the prosecutor. At that point, the prosecutor should not have interfered with that potential defense witness.
That is my point, and that is what the law is.
THE COURT: Well, under the evidence presented, I do not believe that the prosecution committed prosecutorial misconduct based on the evidence that has been presented before the Court today.
The prosecution was the one calling the witness, not the defense.

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Bluebook (online)
720 A.2d 323, 351 Md. 733, 1998 Md. LEXIS 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stanley-md-1998.