Robinson v. State
58 A.3d 514
Md. Ct. Spec. App.2012Background
- Robinson convicted in Prince George’s County Circuit Court of second-degree assault; sentenced five years with all but one suspended to county home detention.
- Charges initially nol pros on July 19, 2010, then refiled August 12, 2010 with second-degree assault and related counts.
- Incident occurred April 22, 2010 at Club Elite; appellant allegedly struck Deputy Lide with his car while attempting to break up a fight.
- Deputies Lide and Moore testified; Lide was injured, the car pursued and propelled, and gunfire ensued.
- Appellant’s defense argued lack of intent/reckless conduct; jury found second-degree assault; appeal followed.
- Court affirmed the circuit court’s judgment and denied relief on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Vindictive prosecution hearing required? | Robinson sought hearing for vindictive prosecution. | State timing suggests retaliation for civil suit, need evidentiary hearing. | No evidentiary hearing required; no proof of actual vindictiveness. |
| Bill of particulars necessity under short form indictment | Defs entitled to bill of particulars under CL § 3-206(b). | Open file discovery suffices; procedural failure prejudicial. | Open discovery sufficed; no reversal due to lack of bill. |
| Sufficiency of evidence for second-degree assault | There was evidence of intentional or reckless battery. | Evidence insufficient to show purposeful or reckless act. | Evidence supported battery-based second-degree assault. |
| Jury instruction duplicity on intentional vs. reckless conduct | Instruction improperly combined two theories. | Pattern instruction acceptable; not preserved for review. | No plain error; instruction consistent with pattern MPJI-Cr 4:01C. |
| Defense of others instruction not given | Defense of others should have been instructed to protect Fields. | Evidence did not support defense of others; proper refusal. | No error; defense of others not supported by record. |
Key Cases Cited
- Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978) (prosecution cannot retaliate for exercising legal rights)
- United States v. Armstrong, 517 U.S. 456 (U.S. 1996) (rigorous standard for selective prosecution claims)
- State v. Adams, 293 Md. 665 (Md. 1982) (no vindictiveness without actual evidence; charging discretion favored)
- McNeil v. State, 112 Md.App. 434 (Md. 1996) (hearing warranted when verifiable facts suggest bad faith prosecutorial conduct)
- Miller v. United States, 948 F.2d 631 (10th Cir. 1991) (timing alone not presumptively vindictive; require more evidence of animus)