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Waddell v. Maryland11/28/1990
"Those who cannot remember . . . past [judicial errors] are condemned to repeat . . . [them]." These words of wisdom set the tone for this appeal. Warren A. Waddell (appellant) complains to us about a conviction of first degree murder and the use of a handgun in the commission of
a violent crime. He contends, inter alia, that he was denied a fair trial because the trial court made improper comments suggesting his guilt. We agree that one of the comments potentially was so damaging that it deprived appellant of his right to a fair trial. Consequently, we shall reverse.
Facts
Appellant and Carlton Robinson were co-workers at the Precision Concrete Company. Early in the morning of November 9, 1988, someone shot Robinson to death in Baltimore City. No one saw the shooting.
Appellant was charged with Robinson's murder and the use of a handgun in the commission of that murder. He was tried by jury in the Circuit Court for Baltimore City on October 24, 1989, the Hon. Elsbeth Bothe presiding. At trial, Robert Kline, the supervisor at Precision Concrete, for Robinson and appellant, testified that the day before he was killed, Robinson had teased and aggravated appellant -- calling him a "dickhead" -- while they were at work. The comments upset appellant, who then made remarks to the effect that he could "get" Robinson and the others who were teasing him.
Robinson was shot with both copper jacketed and hollow point bullets. A firearms expert testified that the bullets had been fired from a semi-automatic pistol made by any one of seven weapons manufacturers. Two witnesses testified that appellant owned a weapon produced by one of these seven manufacturers and that appellant always loaded his gun with a "mix," i.e., he alternated solid and hollow point bullets when he loaded the gun.
Two police officers, who arrived at the scene within minutes of the dispatcher's call, testified that Robinson was conscious and that he named appellant as the person who shot him. The two paramedics who arrived shortly thereafter testified that Robinson repeatedly said " elp me, I'm dying" and described how "his friend" had shot him.
Other testimony established appellant's behavior after the shooting, i.e., he told the Precision Concrete supervisor that he wanted to get his paycheck "to get out of town" and that he had a passport. Over objection, the court permitted witnesses to testify about appellant's responses to their statements implying that appellant was the killer, including appellant's statements indicating his intent to obtain counsel.
The jury found appellant guilty of first degree murder and the use of a handgun in the commission of a crime of violence. On November 29, 1989, the court sentenced appellant to life imprisonment without the possibility of parole for the murder conviction. The court also imposed a consecutive sentence of 20 years imprisonment for the handgun conviction.
Appellant noted an appeal to this Court on December 13, 1989, asking whether:
I. the trial court's comments suggesting appellant's guilt deprived him of a fair trial;
II. appellant was denied a fair trial because the State offered evidence of his plans to obtain counsel to show a consciousness of guilt;
III. the trial court abused its discretion when it permitted two lay witnesses to identify and to testify on ballistics;
IV. the trial court improperly restricted appellant's cross-examination of two State's witnesses; and
V. the trial court erred when it refused to grant appellant's requested jury instructions.
We shall reverse because of
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