Boyd v. State

• Decision Date: 07 June 2007
• Docket Number: No. 30, September Term, 2006.,30, September Term, 2006.
• Citation: 924 A.2d 1112,399 Md. 457
• Parties: Ronald BOYD a/k/a Randall Boyd v. STATE of Maryland.
• Court: Court of Special Appeals of Maryland

924 A.2d 1112

399 Md. 457

Ronald BOYD a/k/a Randall Boyd v. STATE of Maryland.

No. 30, September Term, 2006.

Court of Appeals of Maryland.

June 7, 2007.

Julia Doyle Bernhardt, Asst. Public Defender (Nancy S. Forester, Public Defender, Baltimore), on brief for Petitioner.

Shannon E. Avery, Asst. Atty. General (J. Joseph Curran, Jr., Atty. General, Baltimore), on brief for Respondent.

Argued before BELL, C.J., RAKER, WILNER,^* CATHELL, HARRELL, GREENE and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

ELDRIDGE, Judge.

Petitioner Ronald Boyd was convicted by a jury, in the Circuit Court for Baltimore City, of violating a protective order obtained by his daughter's mother. In this Court, the petitioner argues that the Circuit Court erred in admitting hearsay evidence and that the Court of Special Appeals erred when it held that general objections during trial did not preserve the hearsay issue for appeal. Mr. Boyd also maintains that the intermediate appellate court erroneously affirmed the trial court's admission of evidence of Mr. Boyd's alleged prior bad conduct. The respondent, the State of Maryland, argues that, "to the extent" that the hearsay issue was "preserved" for appeal, the Circuit Court's rulings admitting the challenged evidence were correct. We shall reverse the Court of Special Appeals, hold that the hearsay issue was preserved, and hold that the admission into evidence of hearsay and of other "bad acts" was erroneous.

I.

Ronald Boyd and Cathleen Weaver are the parents of Lyric Weaver-Boyd who was born on May 7, 2003. Mr. Boyd and Ms. Weaver had not expressly agreed upon custody or a visitation schedule after Lyric's birth, and Lyric lived with Ms. Weaver. Until February 2004, Mr. Boyd visited his daughter whenever he wanted. On February 17, 2004, Mr. Boyd attempted to visit his daughter, and Ms. Weaver refused to permit the visit because Lyric was sleeping. This led to an argument between the two, with Mr. Boyd allegedly threatening Ms. Weaver. The next day, February 18, 2004, Mr. Boyd came to Ms. Weaver's place of employment and allegedly threatened her. On February 19, 2004, Ms. Weaver filed a petition in the District Court of Maryland for a protective order, and an interim protective order was issued on that date. The protective order was based on the February 17th and February 18th incidents.

On February 23, 2004, with Mr. Boyd's consent, a final protective order was entered by the District Court. The final protective order in pertinent part provided as follows:

"After the appearance of the PETITIONER [WEAVER], RESPONDENT [BOYD], and in consideration of the petition and evidence, the Court makes the following findings:

A. That CATHLEEN WEAVER, who is a Person(s) Eligible for Relief, is:

An individual who has a child in common with the Respondent. DAUGHTER

B. That the Respondent consents to the entry of a Protective Order.

Based on the foregoing findings, the Court hereby ORDERS:

1. That, unless otherwise stated below, this Order is effective until 12/01/2004.

2. That the Respondent SHALL NOT abuse, threaten to abuse, and/or harass THE PETITIONER.

3. That Respondent SHALL NOT contact, (in person, by telephone, in writing, or by any other means) and/or attempt to contact THE PETITIONER.

4. That the Respondent SHALL NOT enter the Residence of CATHLEEN WEAVER at 3219 AVON AVE, BALTIMORE MD 21218.

(Residence includes yard, grounds, outbuildings, and common areas surrounding the dwelling.)

5. That the Respondent SHALL STAY AWAY from

The following child care provider(s):

1020 UPNOR RD 21215 AND 5926 FENWICK AVE 21215

The following place(s) of employment:

ANDY NAILS AT 2226 E MONUMENT ST, BALTO MD 00000

The home of another family member at 356 E BELVEDERE AVE 21218

6. That the Custody of LYRIC BOYD is awarded to THE PETITIONER.

7. That visitation is granted to THE RESPONDENT.

* * *

"The child(ren) shall be delivered and picked up for visitation and returned afterwards as follows:

CONTACT BARBARA FOWLKES—MOTHER OF PET. VISITATION HOURS SUNDAY AND MONDAY."

Pursuant to Mr. Boyd's request, the District Court on April 14, 2004, modified the final protective order to provide specific hours for visitation. The modified final protective order specified visitation hours for Mr. Boyd every Sunday from 9:00 A.M. to 9:00 P.M. and every other Monday from 9:00 A.M. to 9:00 P.M.

Until July 11, 2004, Mr. Boyd's visitation with his daughter, pursuant to the modified order, took place without any problems. On Sunday, July 11, 2004, however, another argument occurred. As scheduled according to the visitation arrangements in the modified protective order, Mr. Boyd on July 11th picked up Lyric from the home of Ms. Weaver's mother, Barbara Fowlkes. He returned her that evening 50 minutes late. Upon returning his daughter, Mr. Boyd and Ms. Fowlkes engaged in an argument. Mr. Boyd attempted to leave with Lyric, but several neighbors and a police officer prevented him from doing so.

On the following Sunday, July 18, 2004, Ms. Weaver decided not to permit visitation, although she failed to inform Mr. Boyd of this decision. Ms. Weaver instead decided to take Lyric to Artscape, a cultural arts festival in Baltimore City. Mr. Boyd, along with his friend Pam Wilson, went to Ms. Fowlkes's home to pick up Lyric for his scheduled visitation, but no one answered the door. He subsequently telephoned Ms. Fowlkes twice, but she hung up on him each time. Shortly thereafter, Mr. Boyd arrived at Ms. Fowlkes's home with two police officers. Ms. Fowlkes informed the police officers and Mr. Boyd that neither Ms. Weaver nor Lyric was there. The officers and Mr. Boyd left.

Ms. Weaver testified that, on her way to Artscape, she saw Mr. Boyd riding in a truck driven by Pam Wilson. Both the truck and Ms. Weaver were stopped at the same traffic light, although they were headed in different directions. Later, as Ms. Weaver continued on her route, she testified that the truck was following her, a few vehicles behind her. According to Ms. Weaver's testimony, she continued for several more blocks, eventually using her cell phone to call the police because the truck was still following her. The police instructed Ms. Weaver to stop driving so that a police car could catch up with her. Ms. Weaver parked her car on McMeeken Street; the truck turned before reaching her and continued on another street.

A police car pulled alongside Ms. Weaver, and an officer told Ms. Weaver that he would follow her to a parking place for Artscape and then accompany her to Artscape. Once she found a parking place, Ms. Weaver put Lyric in her stroller and started walking toward the police car. As she was walking, Ms. Weaver noticed the truck drive past the police car, and the police officer also noticed the truck. Ms. Wilson, who was driving the truck, testified that Mr. Boyd "was upset because his daughter has chronic asthma and she had [his] daughter out in the pouring down rain." Ms. Wilson parked the truck near by, and Mr. Boyd "went over to the police officer with his visitation papers that he had gotten from the court." The police officer told Mr. Boyd to wait in the truck, and Mr. Boyd then returned to the truck. The officer "ran him for a warrant check," and thereafter arrested Mr. Boyd on an unrelated, open warrant. At no time on July 18th did Mr. Boyd approach or talk to Ms. Weaver. The State later charged Mr. Boyd with violating the February 23, 2004, final protective order. The charge was based entirely upon the events on July 18, 2004.

Before trial, the State filed a motion in limine seeking a ruling on the admissibility of evidence, including Ms. Weaver's petition for the protective order, testimony concerning the February incidents, and testimony relating to the July 11, 2004, incident. At the pretrial hearing on the motion, the State argued that the petition itself, and testimony about the incidents, were relevant to understand why Ms. Weaver sought protection from Mr. Boyd. According to the State, the information in the petition for a protective order and the proposed testimony required a "prior bad acts analysis." The pertinent Maryland Rule of Evidence states:

"Rule 5-404. Character evidence not admissible to prove conduct; exceptions; other crimes. * * *

"(b) Other Crimes, Wrongs, or Acts.—Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, or absence of mistake or accident."

The State asserted that the petition for a protective order and evidence regarding the February incidents fell under the special relevance exception of "absence of mistake."

The defense, at the hearing on the motion in limine, agreed that the protective order itself was admissible, but argued against the admissibility of the petition and other evidence concerning the February incidents, asserting that the evidence did not fall under any Rule 5-404(b) exception. Mr. Boyd's attorney argued that

"the nature of the acts that are alleged by Ms. Weaver that support her seeking protection are again, Your Honor, prior bad acts. And unless that—they don't seem to be relevant to the case and they seem greatly prejudicial to Mr. Boyd and not relevant—not probative—not helpful to the jury in deciding whether Mr. Boyd violated the final protective order which we concede was in place on February 23rd."

At the pretrial hearing, with regard to the incident on July 11, 2004, the State harassment by Mr. Boyd and showed Ms. Weaver's state of mind. In addition, the State maintained that such evidence "goes to [Mr. Boyd's] absence of mistake again because just a week prior he knew that there were problems." The defense responded that admission of testimony regarding the July 11, 2004, incident would result in a ...