Kegarise v. State
65 A.3d 741
Md. Ct. Spec. App.2013Background
- Appellant Brentley G. Kegarise was tried in Frederick County Circuit Court in 2011 for theft and firearm charges after pretrial voir dire proposals by both sides.
- Defense requested a voir dire question to confirm all venire members were United States citizens; the court declined to pose it.
- The State objected, and the court stated the citizenship issue was covered in the questionnaire but did not ask the specific question.
- Owens v. State (2007) held trial courts must ask questions to expose statutory qualifications when requested; it overruled Boyd to the extent it conflicted.
- Maryland law requires jurors to be United States citizens under CJP § 8-103(a)(2), with other disqualifications under § 8-103(b).
- The Court vacated the circuit court’s judgment and remanded for a new trial based on abuse of discretion in not asking the citizenship question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion by not asking the citizenship query | Kegarise argues the question is proper under Owens | State contends the question was improper and prejudicial | Abuse of discretion; question must be asked; remand for new trial |
| Whether failure to ask was waived by not objecting during voir dire | Waiver does not apply when a requested disqualifying question is denied | Waiver applies per Owens if no such question is asked | Waiver doctrine does not bar reversal here; court must ask |
| Whether citizenship is a statutory qualification (CJP § 8-103) and thus must be probed on voir dire | Citizenship is a statutory qualification and must be verified | Court may rely on questionnaire and discretion | Citizen qualification is mandatory to inquire; error reversible |
| Impact of citizenship issue on right to impartial jury | Non-citizen on venire threatens impartiality | Presence of non-citizen on Owens’ panel did not preclude fair trial | Premature to determine prejudice; but statutory qualification warrants inquiry |
| Remedies and scope of relief | New trial warranted due to error | No need for reversal if harm not shown | Judgment vacated; case remanded for new trial; costs to Frederick County |
Key Cases Cited
- Owens v. State, 399 Md. 388 (2007) (requires voir dire on statutory qualifications when requested; overruled Boyd to this extent)
- Dingle v. State, 361 Md. 1 (2000) (limited voir dire to reveal cause for disqualification)
- Washington v. State, 425 Md. 306 (2012) (two broad areas of inquiry to reveal cause for disqualification)
- Moore v. State, 412 Md. 635 (2010) (voir dire directed at statutory qualifications must be asked when relevant)
- Boyd v. State, 341 Md. 431 (1996) (previous view that some statutory qualification questions were discretionary)
- Perkins v. Smith, 370 F. Supp. 134 (D. Md. 1974) (early federal authority supporting citizenship as jury qualification)