State v. Thomas

798 A.2d 566, 369 Md. 202, 2002 Md. LEXIS 233
CourtCourt of Appeals of Maryland
DecidedMay 10, 2002
Docket86 Sept. Term, 2001
StatusPublished
Cited by73 cases

This text of 798 A.2d 566 (State v. Thomas) 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. Thomas, 798 A.2d 566, 369 Md. 202, 2002 Md. LEXIS 233 (Md. 2002).

Opinions

BELL, Chief Judge.

The issue in this case is whether, when the defendant is charged with distribution and possession of a controlled dangerous substance, it is an abuse of discretion for the trial court to refuse to ask the venire panel if any of them harbored “strong feelings regarding violations of the narcotics laws.” The Court of Special Appeals held that it was, Thomas v. State, 139 Md.App. 188, 207-08, 775 A.2d 406, 408 (2001), and the State, the petitioner, by filing a Petition for Writ of Certiorari, requested our review of that judgment. We granted the petition, State v. Thomas, 366 Md. 246, 783 A.2d 221 (2001), and now affirm.

I.

On May 20, 1999, the respondent, Jerrod Leroy Thomas, was charged with possession and distribution of cocaine. The respondent was tried, and ultimately convicted, by a jury in the Circuit Court for Howard County. During voir dire, the respondent asked the trial court to propound to the panel, among others, the following voir dire question:

“Does any member of the jury panel have such strong feelings regarding violations of the narcotics laws that it would be difficult for you to fairly and impartially weigh the facts at a trial where narcotics violations have been alleged?” 1

[205]*205The trial court refused to do so,2 explaining that the question was “fairly covered by other questions, or the Court does not find it necessary to ask” it. Thomas, 139 Md.App. at 195, 775 A.2d at 410. The trial court previously had inquired, after apprising the venire of the allegations involved in the case, whether any member of the panel knew anything about the case, had formed an opinion regarding it or had other information about the case. It had also asked whether “there [was] any other reason why any member of this panel feels that if they are picked as a juror in this case they would not be [able] to be a fair and impartial juror and decide this case based solely on the evidence in this case and the law as I would instruct you in this case.” 3

[206]*206Following his sentencing, the respondent noted an appeal to the Court of Special Appeals. That court, as we have seen, agreeing with the respondent, held that the lower court abused its discretion by refusing to propound the voir dire question proposed by the respondent and, therefore, reversed the judgment of conviction. Thomas, 139 Md.App. at 193, 775 A.2d at 409. The intermediate appellate court concluded that the proposed voir dire question was “a valid question reasonably likely to uncover a bias that is directly related to the crime” on trial and that did “pose an obstacle to impaneling a fair and impartial jury,” id. at 206, 775 A.2d at 417, and, furthermore, that “[n]o other question asked of the venire adequately covered the area of undue influence [the respondent] sought to discover with [the question].” Id. at 207-08, 775 A.2d at 418.

II.

The principles pertinent to the conduct and scope of voir dire have been addressed by this Court and the Court of Special Appeals so often as to be well-known and well-settled. We most recently reviewed them in Dingle v. State, 361 Md. 1, 759 A.2d 819 (2000). We stated as follows:

“Voir dire, the process by which prospective jurors are examined to determine whether cause for disqualification exists, see Boyd v. State, 341 Md. 431, 435, 671 A.2d 33, 35 (1996), is the mechanism whereby the right to a fair and impartial jury, guaranteed by Art. 21 of the Maryland Declaration of Rights, ... see Grogg v. State, 231 Md. 530, 532, 191 A.2d 435, 436 (1963), is given substance. See Hill v. State, 339 Md. 275, 280, 661 A.2d 1164, 1166 (1995); Bedford v. State, 317 Md. 659, 670, 566 A.2d 111, 116 (1989). [207]*207The overarching purpose of voir dire in a criminal case is to ensure a fair and impartial jury. See Boyd, 341 Md. 431, 435, 671 A.2d 33, 35 (1996); Hill, 339 Md. 275, 279, 661 A.2d 1164, 1166 (1995); Davis v. State, 333 Md. 27, 34, 633 A.2d 867, 871 (1993); Bedford, 317 Md. 659, 670, 566 A.2d 111, 117 (1989); Casey v. Roman Catholic Archbishop, 217 Md. 595, 605, 143 A.2d 627, 631 (1958); Adams v. State, 200 Md. 133, 140, 88 A.2d 556, 559 (1952). In Davis [v. State], 333 Md. [27,] 33, 633 A.2d [867,] 871, quoting Langley v. State, 281 Md. 337, 340, 378 A.2d 1338, 1339 (1977) (citing Waters v. State, 51 Md. 430, 436 (1879)), we said, ‘a fundamental tenet underlying the practice of trial by jury is that each juror, as far as possible, be impartial and unbiased.’
We recognized in Davis that:
‘There are two areas of inquiry that may uncover cause for disqualification: (1) an examination to determine whether prospective jurors meet the minimum statutory qualifications for jury service, see Maryland Code (1974, 1989 Repl. Vol., 1992 Cum.Supp.), Courts & Judicial Proceedings Article, § 8-207; or (2) “ ‘an examination of a juror ... conducted strictly within the right to discover the state of mind of the juror in respect to the matter in hand or any collateral matter reasonably liable to unduly influence him.’ ”
Id. at 35-36, 759 A.2d 819, 633 A.2d at 871-72, quoting Bedford, 317 Md. at 671, 566 A.2d at 117 (quoting Corens v. State, 185 Md. 561, 564, 45 A.2d 340, 343 (1946)). Thus, we said in Hill, 339 Md. at 279, 661 A.2d at 1166 (quoting McGee v. State, 219 Md. 53, 58, 146 A.2d 194, 196 (1959), in turn quoting Adams v. State, 200 Md. 133, 140, 88 A.2d 556, 559 (1952)):
‘Undergirding the voir dire procedure and, hence, informing the trial court’s exercise of discretion regarding the conduct of the voir dire, is a single, primary, and overriding principle or purpose: “to ascertain ‘the existence of cause for disqualification.’ ”
In so doing, the questions should focus on issues particular to the defendant’s case so that biases directly related to the crime, the witnesses, or the defendant may be uncov[208]*208ered.... See Alexander v. R.D. Grier & Sons Co. Inc., 181 Md. 415, 419, 30 A.2d 757, 758 (1943), in which the trial court’s refusal to ask ‘whether or not [jurors] or any of their immediate family [were assessables] in the Keystone Indemnity Exchange,’ where the issue at trial was the enforcement of an assessment against a subscriber by Keystone and the juror’s financial interest ‘would theoretically incline him in favor of recovery of a verdict for the liquidator,’ was held to be an abuse of discretion, the question being directed at determining whether any juror was biased or prejudiced. See also Morford v. United States,

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Bluebook (online)
798 A.2d 566, 369 Md. 202, 2002 Md. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-md-2002.