State v. Shim
12 A.3d 671
Md.2011Background
- Shim was charged with first degree murder in the killing of Reina Lynch, a two-job mother and security guard.
- Lynch was murdered at the FedEx facility guard shack; evidence included a blue BMW, shotgun, gloves, and Shim's fingerprints on equipment.
- Shim had left the residence after the crime; later his fiancé heard statements suggesting intent to kill and to avoid consequences.
- The defense requested 21 voir dire questions, including a question about strong feelings regarding violent death; the court refused.
- A flight instruction was given at trial despite Shim arguing the evidence showed departure, not flight; Shim was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused voir dire by not asking strong-feelings question | State asserts question reveals disqualifying bias related to the crime. | Shim contends the question targets bias toward the charged violation and should have been asked. | Abuse; voir dire question should have been asked. |
| Whether the flight instruction was proper given the evidence | State argues evidence showed steps to avoid apprehension justifying flight instruction. | Shim contends no flight evidence; departure, not flight, and instruction was improper. | Abuse; flight instruction improper. |
Key Cases Cited
- State v. Thomas, 369 Md. 202 ( Md. 2002) (strong-feelings voir dire for narcotics cases required)
- Sweet v. State, 371 Md. 1 (Md. 2002) (strong-emotional-feelings standard applied to child-m molestation)
- Curtin v. State, 393 Md. 593 (Md. 2006) (handgun bias question not mandatory; crime-specific approach discussed)
- Moore v. State, 412 Md. 635 (Md. 2010) (voir dire breadth; Defense-Witness and witness-bias questions discussed)
- Langley v. State, 281 Md. 337 (Md. 1977) (police-witness credibility mandatory; bias broader than police)
- Thompson v. State, 393 Md. 291 (Md. 2006) (four-prong Myers test for flight evidence)
