Bazzle v. State
426 Md. 541
| Md. | 2012Background
- Petitioner Chaz K. Bazzle was convicted of attempted second-degree murder, attempted armed carjacking, and first-degree assault.
- He requested a jury instruction on voluntary intoxication; the court denied the request.
- Evidence showed BAC around .157 and later .187, memory loss, illogical conduct, and being described as “bleeding” and “almost about to pass out.”
- Eggleston identified Bazzle as his attacker with high certainty; Butler testified to Petitioner’s bleeding state after the incident.
- Petitioner testified that he could not recall parts of the night and disputed Eggleston’s certainty testimony.
- Trial court allowed Eggleston’s certainty testimony and denied the intoxication instruction; appellate court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported a voluntary intoxication instruction | Bazzle contends evidence showed severe intoxication. | State argues evidence insufficient to negate specific intent. | No; evidence insufficient to generate instruction. |
| Preservation of objection to witness certainty testimony | Objection preserved; court invited grounds via Gutierrez/Johnson theory. | Trial court asked for grounds; otherwise would overrule; preservation required. | Not preserved under Rules 5-103(a) and 4-323; objection lost absent grounds. |
Key Cases Cited
- Dishman v. State, 352 Md. 279 (1998) (threshold for generating an instruction is whether some evidence supports it)
- Dykes v. State, 319 Md. 206 (1990) (low threshold: some evidence suffices to raise jury issue on instruction)
- Hook v. State, 315 Md. 25 (1989) (drunkenness alone may not negate specific intent; need substantial incapacity)
- Shell v. State, 307 Md. 46 (1986) (whether intoxication reaches level to negate mens rea depends on degree of intoxication)
- Beall v. State, 203 Md. 380 (1953) (drunk but still responsible unless incapacity to form intent)
- Lipscomb v. State, 223 Md. 599 (1960) (voluntary drunkenness generally does not relieve responsibility; high intoxication required to negate intent)