Wilson v. State

• Decision Date: 09 March 2001
• Docket Number: No. 65,65
• Citation: 768 A.2d 675,363 Md. 333
• Parties: Robert Michael WILSON, v. STATE of Maryland.
• Court: Maryland Court of Appeals

768 A.2d 675

363 Md. 333

Robert Michael WILSON, v. STATE of Maryland.

No. 65, Sept. Term, 2000.

Court of Appeals of Maryland.

March 9, 2001.

Kirk Y. Griffin (Law Offices of Kirk Y. Griffin of Boston, MA; Robert E. McGowan, Law Offices of Robert E. McGowan, Bowie), on brief, for petitioner.

Steven L. Holcomb, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and LAWRENCE F. RODOWSKY (retired, specially assigned), JJ. RAKER, Judge.

This case arises out of a petition for post-conviction relief filed pursuant to the provisions of Maryland Code (1958, 1996 Repl.Vol., 2000 Supp.) Article 27, §§ 645A-645J, the Post Conviction Procedure Act. Following a jury trial in the Circuit Court for Talbot County on January 16, 1979, Petitioner was convicted of two counts of robbery with a dangerous and deadly weapon, common law burglary, conspiracy to commit burglary, and use of a handgun in the commission of a felony. He was sentenced to the Maryland Division of Corrections for a term of confinement of fifty years, to be served consecutively to sentences previously imposed as a result of unrelated Delaware and federal charges. On direct appeal, the Court of Special Appeals affirmed. See Wilson v. State, 44 Md.App. 318, 408 A.2d 1058 (1979)

. Wilson filed this petition for post-conviction relief in 1998.

In his petition, Wilson raised three grounds for post-conviction relief: (1) that he was denied due process of law because the State suppressed favorable material evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and its progeny, (2) that he was denied effective assistance of counsel, and (3) prosecutorial misconduct. Following an evidentiary hearing, the Circuit Court for Anne Arundel County¹ granted Wilson's petition for post-conviction relief and awarded him a new trial because the State did not disclose favorable material evidence. In an unreported opinion, the Court of Special Appeals reversed. We granted Wilson's petition for writ of certiorari, and, because we agree with the post-conviction hearing court, we shall reverse the judgment of the intermediate appellate court.

I.

We set out the facts of the crime as recounted by the post-conviction hearing court, supplementing them as needed:

"On the night of February 5, 1977, the home of a used car salesman named Calvin Scott was broken into by two masked men who were armed with guns. The intruders gained entrance into the home by firing a gun through the doorway as Calvin Scott was locking the home for the night.1 In their search of the home, the intruders discovered an old safe. The intruders then beat both Calvin Scott and his wife, Elsie Mae, until Calvin Scott opened the safe from which approximately $71,000.00 in cash was stolen. Prior to the intruders' getaway, they handcuffed the Scotts to their iron bed frame where they remained until they were found the following afternoon by their granddaughter.

1 The bullet was found several days later. It was determined that the bullet came from a German Luger pistol.

"Two to three weeks after this crime, the police received information from an anonymous source, believed to have been the Petitioner's wife, that the Petitioner and Gary Reynolds may have been involved in the robbery. On March 11, 1977, the Petitioner was arrested in Florida on unrelated charges and several handguns were seized, including a German Luger. In subsequent state and federal prosecutions in Florida, the Petitioner admitted possession and ownership of the Luger. Furthermore, in June of 1977 the FBI determined that the Petitioner's Luger fired the bullet which was recovered from the Scott's home.

"The Petitioner, at his trial, testified that he was acquainted with the Maryland area and that in late January or early February, 1977, he met with Cable and Reynolds. He further testified that he sold his German Luger pistol to Cable who was interested in and collected guns from World War II. The Petitioner testified that this was the only contact that he ever had with Cable. The Petitioner's family testified that he was at a party in Boston on the night of the robbery.

"On May 18, 1977, Harkum gave a statement to the State's Attorney for Talbot County which was read into evidence at the Petitioner's trial. In his statement, Harkum, who worked with Calvin Scott as a used car salesman, admitted that he told Cable that the victim, Calvin Scott, kept large amounts of cash in his home. Harkum also said that Cable was involved in the Scott robbery. Harkum described Cable as a man of violent propensities who subsequently proposed that Harkum join him in other criminal undertakings. Harkum added that he was afraid of Cable. Harkum had no information or knowledge about the Petitioner or Reynolds but proffered that he had been given the impression by Cable that a `Wayne Morris' and/or a `Larry Mears' may also have been involved in the robbery.2

2 The record does not reveal any follow-up investigation by the State of Wayne Morris who died prior to the trial, or of Larry Mears, who `had suddenly shown up with $25,000 in cash to buy a boat.' Wilson v. State, 44 Md. App. 318, 321, 408 A.2d 1058 (1979).

"Cable, a bouncer at a night club in the Annapolis area, also testified for the State. He testified that while he was in Florida in autumn of 1976, he met with Reynolds in order to plan a robbery. Three to four months thereafter, Cable said that he had met Reynolds and the Petitioner at a bar in Glen Burnie. `Then on Saturday, February 5, 1977, Reynolds, the [Petitioner] and a young woman named "Tammy" had come to his boat.' Wilson v. State, 44 Md.App. 318, 322, 408 A.2d 1058 (1979). `The group drove over to Easton where Cable said he had pointed out the Scott residence before returning to the Annapolis area.' Id. `Late that night Cable said he met with the trio again and was advised that the robbery had been accomplished.' Id. Cable testified that he was given a share of the proceeds from the robbery for the role he played."

Prior to trial, Petitioner filed a written request for discovery and inspection, specifically requesting information regarding all persons who had been offered immunity, favorable consideration, lesser pleas, or other agreements in return for their testimony, information, or documents. The State's response to that request was "not discoverable." No copy of any written plea agreement was ever produced by the State.

At trial, Cable made reference to a plea agreement that he had with the State. He testified on direct examination that he was presently in jail on pretrial detention and that he had not yet gone to trial on the charges arising from his involvement in the instant crime. He testified that "in return for testifying, the charges against him [would be] amended to two counts of conspiracy to commit armed robbery and that [his] total sentence [would be] a five year sentence." Additionally, he testified that unrelated drug and weapon charges in other jurisdictions would not be pursued by the State. When the subject arose on cross-examination, Cable stated that his understanding was based on a written plea bargain agreement, negotiated by his attorney, who was present during his testimony.

Co-defendant James P. Harkum also testified for the State at Petitioner's trial, and he also made reference to a plea agreement with the State. Harkum testified that he had not been detained prior to trial and had not yet gone to trial. He testified that, in exchange for his testimony against Petitioner, his "arrangements with the State" were that he would receive jail time of an unknown duration and possible probation.

On January 20, 1979, Petitioner was convicted by a jury in the Circuit Court for Talbot County of two counts of armed robbery, burglary, conspiracy to commit burglary, and the use of a handgun in the commission of a crime of violence. He was sentenced to a term of incarceration of fifty years, to be served consecutive to unrelated Delaware and federal sentences.

Harkum entered a guilty plea to a single count of his indictment on January 24, 1979. Pursuant to a written plea agreement, Harkum was sentenced to a term of incarceration of twenty years, all suspended, with five years of probation. At Harkum's sentencing hearing, a two-page psychological report, prepared by Dr. Grumpelt, was included with his plea agreement in the hearing transcript. The report noted that Harkum had been Dr. Grumpelt's patient since August 16, 1977 and that he had been diagnosed with paranoid schizophrenia. The report also stated that Harkum was "confused and had numerous loose associations" and that he required "medication to keep in touch with reality." During the hearing, Harkum also testified that he had been hospitalized for mental health treatment and under the care of a psychiatrist.

On February 9, 1979, Cable entered a guilty plea to a single count of his indictment, also pursuant to a written plea agreement. Based on a sentence recommendation joined by the State and defense counsel, the court imposed a five-year sentence, all suspended, with credit for 349 days of pretrial detention, and four years of probation. Cable was thereafter immediately released from custody.

Petitioner appealed to the Court of Special Appeals, alleging on direct appeal that the trial court had erred in failing to instruct the jury properly on reasonable doubt, that the trial court had erred in refusing to allow him to deliver his own closing argument, that the jury verdicts were coerced by the time limit imposed by the court on deliberations, that the burglary verdict was coerced by the court's supplemental jury instruction, that a motel registration card was improperly admitted as a business record, and that he was denied a fair and impartial trial because of the circumstances of his...