Davis v. Maryland12/9/1993
on why they should not sit on the jury, were insufficient. Davis contended that such questions were "unrealistic" and posited for "what other reason would I get ten peremptory challenges if I cannot make a halfway intelligent decision to strike or not to strike." The trial judge denied Davis's request.
At the conclusion of the trial, the jury found Davis guilty of the two counts of distribution of controlled dangerous substances. Davis appealed and the Court of Special Appeals affirmed his conviction. Davis v. State, 93 Md. App. 89, 611 A.2d 1008 (1992). Dissatisfied with the intermediate appellate court's holding, Davis filed a petition for certiorari, which we granted. Davis v. State, 329 Md. 22, 616 A.2d 1286 (1992).
II.
Davis's principal contention is that the trial court abused its discretion in refusing to ask whether any of the jurors were, or were associated with, law enforcement personnel. Davis argues that he was entitled to such a question since it may have led to the disqualification for cause of one or more of the
prospective jurors or, at the very least, would have allowed him to intelligently exercise his peremptory challenges. For the reasons stated below, we disagree.
The principles governing jury voir dire are well established in Maryland. As we have noted on several occasions, there is no statute in Maryland prescribing the manner in which voir dire is to be conducted or regulating the objects of inquiry during voir dire. See Bedford v. State, 317 Md. 659, 670, 566 A.2d 111, 116-17 (1989). Absent any statutory guidance from the General Assembly, this Court has consistently looked to Maryland's common law for guidance. The common law of this State vests trial judges with discretion to regulate voir dire. The trial judge typically questions the prospective jurors, although he or she has discretion to permit counsel to conduct the inquiry. Moore v. State, 7 Md. App. 495, 503, 256 A.2d 337, 341-42, cert. denied, 256 Md. 746, cert. denied, 398 U.S. 913, 90 S.Ct. 1714, 26 L.Ed.2d 76 (1970); Maryland Rule 4-312(d). Additionally, the scope of voir dire and the form of the questions propounded rests firmly within the discretion of the trial judge. Casey v. Roman Catholic Archbishop, 217 Md. 595, 605, 143 A.2d 627, 631 (1958). The trial judge's discretion regarding the scope of a proposed avenue of voir dire is governed by one primary principle: the purpose of "the inquiry is to ascertain 'the existence of cause for disqualification and for no other purpose.'" McGee v. State, 219 Md. 53, 58, 146 A.2d 194, 196 (1959) (quoting Adams v. State, 200 Md. 133, 140, 88 A.2d 556, 559 (1952) (citations omitted)). Where parties to the litigation direct their inquiries concerning a specific cause for disqualification, they have "a right to have questions propounded to prospective jurors" during voir dire. Casey, 217 Md. at 605, 143 A.2d at 631 (emphasis in original); see Bedford, 317 Md. at 670, 566 A.2d at 116 ("Maryland Declaration of Rights Article XXI guarantees a defendant the right to examine prospective jurors to determine whether any cause exists for a juror's disqualification."). "Questions not directed to a specific ground for disqualification but which are speculative, inquisitorial, catechising or 'fishing', asked in the aid of deciding on peremptory challenges, may be refused in
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