Booze v. State
| Decision Date | 01 September 1995 |
| Docket Number | Nos. 1274,1503,s. 1274 |
| Citation | 111 Md.App. 208,681 A.2d 534 |
| Parties | Donald E. BOOZE, v. STATE of Maryland. Alan Shelton SNEAD, v. STATE of Maryland. , |
| Court | Court of Special Appeals of Maryland |
Kreg Paul Greer, Assigned Public Defender, Towson, for appellant Booze.
Michael R. Braudes, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for appellant Snead.
Gwynn X. Kinsey, Jr., Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. and Patricia Jessamy, State's Atty. for Baltimore City, on the brief), Baltimore, for Appellee.
Submitted before WENNER, SALMON and EYLER, JJ.
Appellants, Donald E. Booze and Alan Shelton Snead, were each convicted by a jury in the Circuit Court for Baltimore City of two counts of first degree murder and illegal use of a handgun, 1 for which each was sentenced to two terms of life imprisonment, plus ten years, all of which were to be served consecutively. In this consolidated appeal, appellants seek redress for what they perceive to be a plethora of errors by the judge who presided at trial. For clarity, we have rephrased and reordered appellants' questions:
Both Appellants
Snead only
Booze only
For reasons we shall explain, we shall affirm the judgments as to Booze, vacate them as to Snead, and remand Snead's case to the circuit court for further proceedings consistent with this opinion.
Antonio Henderson and Isaac Durant were shot to death in the 3100 block of Woodland Avenue in Baltimore City. Henderson was a drug dealer, and Durant may have been in the wrong place at the wrong time.
At trial, the State first presented Durant's fiancee, Rishardean Bennett 3. Bennett testified that she and Durant were traversing along Woodland Avenue when Durant stopped to speak with Henderson. At some point, Bennett saw Booze 4 and Snead 5 approaching with drawn weapons. Someone told Bennett to run and she ran. After hearing shots, Bennett learned that Durant was dead.
Bennett's credibility was challenged when she acknowledged being "on the lam" for a "parole" violation from a felony drug conviction, and that she had been convicted for aggravated assault and theft. Moreover, Bennett had not informed the police of her version of events, or testified at appellants' first trial.
Michael Brooks was an eleven-year old cocaine dealer working for Henderson on the day of the shootings. Brooks testified that he observed Booze running up a path shooting, and Snead standing at an alley shooting. Brooks had initially given various inconsistent versions of the incident, which he attributed to being "scared." Brooks acknowledged that he was facing three counts of attempted murder, and would be tried by the same person prosecuting the case at hand. The prosecutor purportedly warned Brooks that if he changed his story, he might also face charges of perjury and contempt.
Henderson's nephew, Perry Knight, who had been convicted of conspiracy to distribute controlled substances and unauthorized use, testified that he saw Booze fire at his uncle. Before firing, Booze signalled to a person standing some distance away, who also fired at Henderson. Knight subsequently returned fire at Booze "five times." Although Knight testified he had seen Snead in the vicinity earlier, Knight could not identify him as the second shooter. Knight acknowledged that he had not initially approached the police with his version of events because he too was scared.
Jacquetta Jones had known both Booze and Snead for some time. She testified that she observed both appellants brandish handguns, and that Snead had fired his weapon. According to Jones, Snead began running and calling after Booze, who displayed his weapon while crossing the street.
Baltimore City Police officer Nicholas Constantine was in a marked cruiser patrolling the area when a young man ran up and directed him to the 3100 block of Woodland Avenue. As he approached the area, Constantine observed Snead and three or four other men running. According to Constantine, Snead stopped and said, "I didn't have anything to do with that." Just then, Constantine heard shots ring out. Snead then said, "you see, they're still shooting." Constantine then drove to the 3100 block of Woodland Avenue, where he found the bodies of Durant and Henderson. A fully-loaded .22 caliber revolver was found beside Henderson. Constantine also testified that Snead and his companions did not appear to be armed, but explained that he had seen them only briefly because he heard gunfire within a moment of Snead's first statement.
After being arrested, Snead said that although he was in the area and heard gunfire, he did not know from whence it came.
Appellants first contend that the trial court erred in overruling their Batson challenges to the State's striking two African-Americans from the panel. The first was a female (the first juror), who was No. 14 on the initial panel, and provisionally seated as juror No. 2. She was struck by the State's fourth peremptory challenge. The second was a male (the second juror), who was No. 126 on the initial panel, and provisionally seated as juror No. 1. He was struck by the State's sixth peremptory challenge.
According to the State's brief, this issue has not been preserved for our review, as defense counsel declared the jury ultimately impaneled "acceptable." See Gilchrist v. State, 340 Md. 606, 618, 667 A.2d 876 (1995) ().
The State is wrong. Just prior to opening statements, the following colloquy ensued:
We nevertheless agree with the State that Booze has failed to preserve a Batson challenge to the first juror being stricken, as counsel for Booze did not join in Snead's objection to striking that juror. Md. Rule 8-131(a). Cf., Stockton v. State, 107 Md.App. 395, 396, 668 A.2d 936 (1995), cert. denied, 342 Md. 116, 673 A.2d 707 (1996) ().
After Snead's counsel had presented a prima facie case, 6 the following ensued:
THE STATE: And the other black female--I don't remember which one that was. I'm not really sure--I'm not really sure who she was. But, anyway, the reason for [striking her]-- THE COURT: Well, I know she was young. If I recall correctly, that one and [sic] had on a pair of blue jeans, stone-washed jeans if I'm right on that. I can't remember the number.
At any rate, any response, [counsel for Snead]?
It is clear from the record that the trial court failed to afford the State an opportunity to "tender" 7 a race neutral reason for striking the first juror. Hence, we shall remand the Snead case for the limited purpose of permitting the State to explain why it had struck the first juror, provided it is able to do so. See, e.g., Mejia v. State, 328 Md. 522, 541, 616 A.2d 356 (1992) ().
As to the second juror, the following exchange occurred:
To continue reading
Request your trial
-
Whitney v. State
...on other grounds by Batson v. Kentucky, 476 U.S. 79, 89, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)). See also Booze v. State, 111 Md.App. 208, 232, 681 A.2d 534 (1996),rev'd on other grounds, 347 Md. 51, 698 A.2d 1087 (1997). In King, supra, Judge Digges observed: [T]he importance of the perempt......
-
Wilson v. State
...unless that court clearly abused the exercise of its discretion and prejudiced the accused.") (citations omitted); Booze v. State, 111 Md.App. 208, 223-24, 681 A.2d 534 (1996) ("The trial judge has wide discretion with respect to what counsel may say during closing argument and the trial ju......
-
Sivells v. State
...Court of Appeals have applied this doctrine to closing argument. See, e.g., Mitchell, 408 Md. at 388, 969 A.2d 989; Booze v. State, 111 Md.App. 208, 224, 681 A.2d 534 (1996), rev'd on other grounds, 347 Md. 51, 698 A.2d 1087 (1997). The opened door doctrine permits the admission of otherwis......
-
Stewart v. State
...to answer and otherwise receive a fair trial." State v. Booze, 334 Md. 64, 76, 637 A.2d 1214 (1994), subsequent appeal at 111 Md.App. 208, 681 A.2d 534 (1996), rev'd on other grounds, 347 Md. 51, 698 A.2d 1087 (1997). Usually, whether the reopening of evidence impaired the defendant's abili......