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State v. Shim
12 A.3d 671
Md.
2011
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Background

  • 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 fiancĂ© 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)
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Case Details

Case Name: State v. Shim
Court Name: Court of Appeals of Maryland
Date Published: Jan 25, 2011
Citation: 12 A.3d 671
Docket Number: 18, September Term, 2010
Court Abbreviation: Md.