Washington v. State

40 A.3d 1017, 425 Md. 306, 2012 WL 974960, 2012 Md. LEXIS 151
Court of Appeals of Maryland·Decided March 23, 2012·No. No. 45·Published·Cited by 23 cases

Opinion

GREENE, J.

In connection with events occurring on or around October 26, 2007, Petitioner Ricky Shamar Washington was charged with first degree rape and related offenses. He elected a trial by jury to be held in the Circuit Court for Harford County. During voir dire of the jury panel, Petitioner requested that the following question be asked: “Would any of you be more or less likely to believe a witness solely by virtue of the [308] witness having served in the military or being employed by the military?” The trial judge denied Petitioner’s request to pose this question during voir dire. Petitioner later renewed his request, at the conclusion of voir dire, and the trial judge again declined to ask the proposed question. Petitioner was convicted by a jury of first degree rape, third degree burglary, first degree assault, first degree sexual offense, and use of a handgun in the commission of a felony. Petitioner noted an appeal to the Court of Special Appeals, claiming, inter alia, that the trial court had abused its discretion in declining to present his proposed question during voir dire of the jury panel. In an unreported opinion, the Court of Special Appeals affirmed the decision of the trial court, concluding that the trial court had not abused its discretion.

Petitioner subsequently filed a petition for writ of certiorari with this Court, which we granted. Washington v. State, 420 Md. 463, 23 A.3d 895 (2011). Petitioner presents the following issue1 for our review:

Under the circumstances of this case, was it an abuse of discretion and therefore error to refuse to ask whether any prospective juror would be more likely to believe a witness solely by virtue of the witness having served in the military or being employed by the military?

We shall hold that the trial judge did not abuse her discretion in declining to present Petitioner’s proposed question during voir dire of the jury panel. This Court has held that only certain questions are mandatory during voir dire of a jury panel, if they are directly related to the facts and circumstances of the case. Based on the circumstances of this case, Petitioner’s proposed question was not mandatory, and, thus, it was within the discretion of the trial court whether to pose the question to the jury panel. Because the trial court did not [309] abuse its discretion in denying Petitioner’s request to ask the question, we affirm the judgments of the trial court and the intermediate appellate court.

FACTUAL AND PROCEDURAL BACKGROUND

During voir dire of the jury panel, Petitioner requested that the trial judge ask the following question: “Would any of you be more or less likely to believe a witness solely by virtue of the witness having served in the military or being employed by the military?” The trial court denied Petitioner’s request to pose this question, and the court again denied Petitioner’s request when it was later renewed at the conclusion of voir dire.2 In declining to ask Petitioner’s proposed question, the trial judge explained:

I don’t see where the alleged victim’s employment, even in this community, would play a large role in her credibility in this matter. Otherwise, with respect to the nature of the distinction between police officers and employment of any other nature, we would be asking that question of any other major employment or employer in an area. Given that it just doesn’t impinge upon the issues before the Court or a jury today, the finder of fact, it’s not really relevant, so the Court’s going to decline to ask that question.

At trial, Ms. Smith, the complaining witness, testified that she met Petitioner, a man she knew as Jamal, in the parking lot of her apartment complex “around Thanksgiving time” in 2006. Ms. Smith stated that after she and Petitioner went on one date, she told him she was not interested in seeing him again. She claimed, however, that she later agreed to go on another date with Petitioner on October 26, 2007. According to Ms. Smith, Petitioner was late arriving to pick her up for their date, so she decided to cancel it. Ms. Smith testified that Petitioner called her later that evening, and she agreed to [310] let him come to her apartment to talk. She indicated that when Petitioner arrived at her apartment, he pushed the door open to force his way inside, and he pointed a black handgun in her face. Ms. Smith testified that Petitioner then forced her to undress, and he raped her. Ms. Smith identified Petitioner at trial and in a pre-trial photo array as the person who raped her.

During cross-examination, Ms. Smith testified, “I was in the military, and I finished my service, and I ETS’d .... I completed my service time. I did my four years and just got out. I didn’t reenlist. I wasn’t discharged like they kicked me out or medically discharged, but I finished.” Ms. Smith indicated that in 2003 she had completed her military service. In response to questions regarding her current employment, Ms. Smith stated that she was employed at Aberdeen Proving Ground (APG) as a “Human Resources Staffing Specialist.” She maintained that she was working at APG as a civilian. Ms. Smith was questioned on cross-examination regarding the gun she claimed Petitioner brought to her apartment and pointed at her:

Mr. Greenberg: Okay. What kind of gun was that?
Ms. Smith: It was black. It was a handgun. It was not a revolver.
Mr. Greenberg: Was it semiautomatic?
Ms. Smith: I don’t know.
Mr. Greenberg: Are you familiar with guns?
Ms. Smith: I am familiar with the A-l, A-2 rifle, but I’m not familiar with handguns.
Mr. Greenberg: So you have never seen a handgun?
Ms. Smith: Television.
Mr. Greenberg: From television. And from television, what did it appear to be?
Ms. Smith: I have no idea.
Mr. Greenberg: Okay. And you are saying nobody on APG carries around guns? Nobody is armed except with rifles?
[311] Ms. Smith: Not at the Central Résumé Processing Center or at the Human Resources Office I work at.
Mr. Greenberg: You never saw anybody carrying any other kind of weapons in person when you were in California in the Army?
Ms. Smith: Not handguns.
Mr. Greenberg: All they had was rifles?
Ms. Smith: Right.
Mr. Greenberg: Even the MPs?
Ms. Smith: I didn’t have to deal with MPs.

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Washington v. State, 40 A.3d 1017, 425 Md. 306, 2012 WL 974960, 2012 Md. LEXIS 151 (Md. 2012).

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