White v. State

726 A.2d 858, 125 Md. App. 684, 1999 Md. App. LEXIS 47
CourtCourt of Special Appeals of Maryland
DecidedApril 5, 1999
Docket1567, Sept. Term, 1997
StatusPublished
Cited by13 cases

This text of 726 A.2d 858 (White v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. State, 726 A.2d 858, 125 Md. App. 684, 1999 Md. App. LEXIS 47 (Md. Ct. App. 1999).

Opinions

SONNER, Judge.

The appellant in this case complains that he received an unfair trial for two reasons: first, because the court, refused to give the jury his requested instruction about good character evidence and, second, because the court, after improper remarks in the assistant state’s attorney’s closing argument, failed to admonish the prosecutor in front of the jury. On the first issue, we hold that the court was correct in refusing to give the requested instruction. As for the second issue, we hold that the trial judge, after finding the prosecutor’s remarks improper, was justified in not taking further action.

Both appellant, Ricky Edward White, and the State agree that on June 2, 1996, sometime around six in the evening, Mr. White, while driving on Thrift Road, a rural road in the Clinton Piscataway area of Prince George’s County, swerved to avoid some deer and crashed his rented Cutlass Ciera into a ditch. The crash rendered the car inoperable. A passerby, Maryann Murphy, drove her pick-up truck to the spot of the accident and stopped and watched White get out of the car and inspect the damage. White then approached her and, in response to her question as to whether he needed help, asked her to call the police, and then walked away. Mrs. Murphy, apparently using a citizen band radio, called for her brother, James Murphy, a Prince George’s County police corporal stationed at the Clinton Substation. When Cpl. Murphy arrived, he ran a radio check on the license tags of the damaged car. to determine whether it was stolen. The reply came back that it was not. While he was waiting for the report, he entered the car and found a rental agreement with Ricky [689]*689White’s name on it. He then obtained a description of White from his sister and gave a radio lookout for a black male, wearing dark shorts and a white T-shirt. He apparently-intended to charge White with a motor vehicle offense in connection with the accident. After that, he called a crane and had the vehicle impounded.

The accounts of what happened after that diverge. Mr. White testified at trial that he walked down Thrift Road to Winbrook Drive and hitched a ride from a stranger to Livingston Square Mall. He testified that he went into the mall and unsuccessfully attempted to call his parents, and then went outside, where he was hit on the head by some unknown person or persons and placed in a dumpster. It was not contested that a security guard found him there and called the police, who arrived with some paramedics and helped him out of the dumpster. He told the paramedics that he was dizzy and hurt and so they gave him first aid. Because the officers who responded with the paramedics knew of the earlier lookout that Cpl. Murphy had placed over the radio, they made a request through the police dispatcher for him to go to the Livingston Square Mall. Corporal Murphy did so, but, first, stopped by his sister’s home to transport her to where the other police officers, the security guard, and the paramedics were waiting with White. After his sister identified White as the person who had spoken to her at the scene of the accident on Thrift Road, Cpl. Murphy handcuffed White and placed him under arrest for leaving the scene of the automobile accident. He first took White to Fort Washington Ambulatory Hospital for emergency treatment and, then, to a police station to institute formal charges. White was released almost immediately after that, but then turned himself in several days later, after learning that a detective had gone to his parents’ home in search of him. The detective was looking for White as a suspect in a carjacking that occurred approximately a mile from where White had abandoned his car.

The prosecution alleged that White did not hitch a ride and go directly to the Livingston Square Mail, but, instead, walked to a neighborhood not far from where he had the accident and [690]*690approximately one block from the road where White claimed he obtained a ride from a stranger. The State produced evidence to show that a man matching White’s description and dressed in a white T-shirt and dark shorts walked to where Ms. Desmona Conner was standing beside her ear with the door open. She had gone there to pick up her daughter and was waiting for her to come out to her car. Ms. Conner testified that the man, whom she later identified as White, just walked up, pushed her out of the way, sat down behind the steering wheel, and then drove away in her car. Ms. Conner’s friend, Celeste Camphor, had been seated in the front passenger seat and, as the stranger was driving away, tried to put the gearshift located between the seats into reverse to stop the car. When she failed at that, she jumped out of the moving vehicle. Later, the car was located and retrieved off Indian Head Highway, close to the Livingston Square Mall. Both Ms. Camphor and Ms. Conner picked out White’s picture from a photo array and identified him in the courtroom at trial. The description that they gave the police on the night of the carjacking closely matched White’s appearance, and he was dressed in a white T-shirt and blue shorts when the security officers found him in the dumpster, the exact same clothing that Ms. Conner and Ms. Camphor, as well as Mrs. Murphy described White as wearing. The prosecution argued that White’s being in the Livingston Square Mall dumpster was an attempt to hide and that the injuries that he incurred and the paramedics treated him for came from the Thrift Road accident, not from any attack. The Grand Jury for Prince George’s County had charged White with robbery, kidnapping, battery, and carjacking. After the jury trial, White was acquitted of kidnapping, but was found guilty of the other charges.

I.

White’s first allegation of error is that the court failed to give his requested jury instruction regarding character evidence. It is fundamental that the court instruct the jury as to all the applicable law if either party requests the court to do [691]*691so. Md. Rule 4-325(c). To be entitled to any instruction, however, there must be at least some evidence to generate a need to address the issue. Dykes v. State, 319 Md. 206, 221, 571 A.2d 1251 (1990); Flores v. State, 120 Md.App. 171, 192-93, 706 A.2d 628 (1998); McKay v. State, 90 Md.App. 204, 214, 600 A.2d 904 (1992). The critical question here is whether White produced any evidence to generate the issue as to character.

The usual manner for a defendant to raise character as an issue is to call at least one witness who is familiar with particular traits, either because of knowledge of the defendant’s reputation or from personal observation. Maryland Rule 5-405 provides that a witness can testify as to reputation, relate specific instances of a person’s conduct, or simply give an opinion about a specific character trait. The Maryland General Assembly, many years ago, modified the common law, which restricted character evidence to testimony about reputation in the community. Section 9-115 of the Courts and Judicial Proceedings Article provides:

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Bluebook (online)
726 A.2d 858, 125 Md. App. 684, 1999 Md. App. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-mdctspecapp-1999.