Marks v. State, 011019 MDSCA, 193-2018

Docket Nº:193-2018
Opinion Judge:MOYLAN, J.
Party Name:JASON NATHANIEL MARKS v. STATE OF MARYLAND
Judge Panel:Meredith, Nazarian, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.
Case Date:January 10, 2019
Court:Court of Special Appeals of Maryland
 
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JASON NATHANIEL MARKS

v.

STATE OF MARYLAND

No. 193-2018

Court of Special Appeals of Maryland

January 10, 2019

Circuit Court for Prince George's County Case No. CJ172234

Meredith, Nazarian, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.

OPINION [*]

MOYLAN, J.

The appellant, Jason Marks, was convicted in Prince George's County by a jury, presided over by Judge Ingrid M. Turner, of reckless endangerment. The appellant's sole contention on appeal is that Judge Turner erroneously permitted the Assistant State's Attorney to make two related but separate improper requests.

In the course of a fist fight in a parking lot with Bryan Harris, the appellant administered a severe physical beating to Mr. Harris, a 58-year-old man. The appellant was charged with the second-degree assault of Mr. Harris but was acquitted of that offense, while being found guilty of the reckless endangerment of Mr. Harris. The appellant was also charged with the second-degree assault of Tamaka Harris, Mr. Harris's wife, but was found not guilty of that offense. The several blows delivered on Mrs. Harris were essentially inadvertent as she was attempting to shield her husband from the blows aimed at him.

The State's initial jury argument was uneventful, as it went on what in the record amounts to five pages of typewritten text, single spaced. As the State was closing, the following occurred. [PROSECUTING ATTORNEY]: . . . . As I round up I just want you to remember that as you go back and you deliberate we just ask for one thing justice, justice for Mr. Harris, who was on the ground who got knocked out twice and suffered a fracture to his orbital bone, or justice for Mrs. Harris --

[DEFENSE COUNSEL]: Objection, Your Honor.

[PROSECUTING ATTORNEY]: -- who had to sit there --

THE COURT: Approach.

[DEFENSE COUNSEL]: Your Honor, this is inappropriate. Closing argument regarding justice to Mr. Harris and justice to Mrs. Harris. That's not what the jury's here for. They're here to look at the evidence concerning (Indiscernible - 10:34:45). The State's appealing to an emotional call to the jury. That's not what --...

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