State v. Stringfellow

42 A.3d 27, 425 Md. 461, 2012 WL 1382224, 2012 Md. LEXIS 209
CourtCourt of Appeals of Maryland
DecidedApril 23, 2012
Docket62, September Term, 2011
StatusPublished
Cited by24 cases

This text of 42 A.3d 27 (State v. Stringfellow) 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. Stringfellow, 42 A.3d 27, 425 Md. 461, 2012 WL 1382224, 2012 Md. LEXIS 209 (Md. 2012).

Opinions

HARRELL, J.

String theory is a scientific framework that describes the smallest, most basic particles — those building blocks of the universe so small they cannot be comprised of other particles — as indistinguishable segments of string. These infinitesimally small particles vibrate like the plucked strings of a subatomic guitar. How they vibrate determines whether they are leptons or quarks, which form atoms, which form elements, and so forth. Reginald Stringfellow’s theory, on the other hand, hypothecates that his objection to a voir dire question proposed by the prosecutor and given by the trial judge during jury selection was like a string, vibrating well beyond the empaneling of the jury. Petitioner, the State, and Respondent, Mr. Stringfellow (Stringfellow), disagree whether Stringfellow’s objection was a lepton or a quark. That is, the State argues that Stringfellow’s unsuccessful objection to the question went to the composition of the jury, which objection he waived (for purposes of appellate review) by accepting, without qualification or reservation, the jury chosen pursuant to the questioning. Stringfellow counters that the nature of his objection was incidental to the composition of the jury and, notwithstanding his acceptance of the jury, his objection is preserved for appellate consideration.

[465]*465Our case law instructs that an overruled objection to a voir dire question, where the nature of the objection was directed to the composition of the jury, is waived when the objecting party accepts thereafter the jury, without qualification. Here, Stringfellow objected timely to the trial judge asking the venire about their views regarding whether the State must demonstrate that it employed certain scientific investigative techniques and/or scientific evidence before any member of the venire could convict him. Stringfellow argued that the question would prejudice the venire against him and diminish the State’s burden of proof. We conclude that Stringfellow’s objection went to the composition of the jury. Thus, when he accepted (after his objection was overruled and the question propounded) the jury, without qualification, he waived any future opportunity to complain on appeal about the objected-to question and its potential effect. Even assuming that the objection was not waived, the asking of the voir dire question proved harmless error on this record.

I. FACTS AND PROCEDURAL BACKGROUND

The State’s evidence at trial told the following tale. On the evening of 21 November 2009, plainclothes Baltimore City police officers, in an unmarked vehicle, patrolled the 5300 block of Beaufort Avenue in Baltimore City. They observed a person, later identified as Stringfellow, holding a handgun. They drove toward him. When Stringfellow noticed the approaching vehicle, he dropped the handgun and ran off. The officers caught Stringfellow, arrested him, and recovered the handgun. The State charged Stringfellow with two crimes: (1) possessing a regulated firearm after having been convicted of a disqualifying crime, and (2) wearing, carrying, or transporting a handgun.

On the first day of what was to be Stringfellow’s jury trial in the Circuit Court for Baltimore City, the judge considered voir dire questions proposed by the parties. Among the State’s proposals was its question 14, which inquired whether any member of the venire believed that the State must use certain scientific evidence and/or scientific investigative tech[466]*466ñiques before a potential juror could find the defendant guilty beyond a reasonable doubt. Initially, the judge seemed disinclined to ask question 14, prompting the following exchanges:

PROSECUTOR: Then my Question 14.
COURT: Yeah. You always ask me for that and I always tell you no, then I always give it to you. So I’ll probably do the same thing this time. I’ll give it to you in voir dire. I won’t give it to you in jury instructions.
DEFENSE COUNSEL: I would object to it being asked in voir dire.
COURT: Of course you would. I understand, but it’s a fair question to ask.
COURT: We’ll take it — here’s what we’re going to do. I’ll give the instruction over the objection of the defense and we’ll see where we go with it because it may not become relevant at all.
But because the question reads[, “D]oes any member of the panel believe the [Sjtate is required to utilize specific investigative techniques such as [fingerprints”] — we won’t say DNA because it’s not relevant here .... [“]in order for the defendant to be found guilty beyond a reasonable doubt.[”] If a juror believes that they are required to do that, we know that it is not the law. And if that’s their belief then that is something both sides have a right to know.

The judge propounded ultimately the State’s question 14 as “Does any member of the panel believe that the State is required to utilize specific investigative or scientific techniques such as fingerprint examination in order for the defendant to be found guilty beyond a reasonable doubt?” No response was recorded from anyone in the venire.

Immediately after posing State question 14, the judge continued:

If selected as a juror, you’re required to render a fair and impartial verdict based upon the evidence presented in the courtroom and the law as I describe it to you in my [467]*467instructions at the end of this case. Is there any member of the jury panel who feels as if as a matter of your own personal conscience you disagreed with the law, you would disregard the law and instead follow your conscience?

Four venire members responded affirmatively to this query; none of them served on the jury. After completion of voir dire and jury selection, and before the judge’s courtroom clerk swore the jury, the clerk asked the parties if the jury was acceptable:

CLERK: Jury panel acceptable to the State?
PROSECUTOR: Yes. The jury panel is acceptable to the State.
CLERK: Acceptable to the defense?
DEFENSE COUNSEL: Yes, it is.

The judge observed, “The panel is acceptable to both sides. That’s fine.”

As part of his defense, Stringfellow highlighted that the police officers failed to have examined the confiscated handgun for latent fingerprints. In an effort to suggest that it would have been relatively simple for the arresting officers to request a fingerprint analysis of the weapon, Stringfellow offered in evidence (and the judge admitted over the State’s objection) a blank police fingerprint-analysis-request form, which required a box to be checkmarked to request a fingerprint analysis of an item of evidence. In the absence of such an examination (and notwithstanding the eyewitness testimony of the officers who saw Stringfellow holding the handgun on 21 November 2009 on Beaufort Avenue), Stringfellow urged that the State failed to link him conclusively to the handgun. He reiterated the lack-of-fingerprint-evidence argument, over the prosecutor’s objection, during closing argument.

The judge gave several final jury instructions at the close of all the evidence. Among them, he said, “I may have commented on evidence or asked a question of a witness.

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

Related

McGhee v. State
284 A.3d 777 (Court of Appeals of Maryland, 2022)
Huggins v. State
Court of Appeals of Maryland, 2022
State v. Ablonczy
253 A.3d 598 (Court of Appeals of Maryland, 2021)
Foster v. State
239 A.3d 741 (Court of Special Appeals of Maryland, 2020)
Vance v. Bishop
D. Maryland, 2020
Washington v. Bishop
D. Maryland, 2019
Ramirez v. State
212 A.3d 363 (Court of Appeals of Maryland, 2019)
Collins v. State
205 A.3d 1012 (Court of Appeals of Maryland, 2019)
Com. v. Nieves, N.
Superior Court of Pennsylvania, 2018
Taylor v. State
182 A.3d 201 (Court of Special Appeals of Maryland, 2018)
State v. Armstead
178 A.3d 556 (Court of Special Appeals of Maryland, 2018)
Ray-Simmons & McGouldrick v. State
132 A.3d 275 (Court of Appeals of Maryland, 2016)
Benton v. State
121 A.3d 246 (Court of Special Appeals of Maryland, 2015)
Smith v. State
98 A.3d 444 (Court of Special Appeals of Maryland, 2014)
Hayes v. State
90 A.3d 1197 (Court of Special Appeals of Maryland, 2014)
Wagner v. State
74 A.3d 765 (Court of Special Appeals of Maryland, 2013)
Kegarise v. State
65 A.3d 741 (Court of Special Appeals of Maryland, 2013)
Burris v. State
47 A.3d 635 (Court of Special Appeals of Maryland, 2012)
Morris v. State
42 A.3d 83 (Court of Special Appeals of Maryland, 2012)
State v. Stringfellow
42 A.3d 27 (Court of Appeals of Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
42 A.3d 27, 425 Md. 461, 2012 WL 1382224, 2012 Md. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stringfellow-md-2012.