Yates v. State
429 Md. 112
Md.2012Background
- Warren Jerome Yates was convicted by a Baltimore County jury of second-degree felony murder and related offenses for a death that occurred during a failed drug transaction with co-defendant Kohler.
- Shirley Worcester was fatally shot by a stray bullet during the aftermath of the drug deal; Kohler was the intended target and Worcester was an unintended victim.
- At trial, Kohler and Yates attempted to buy four pounds of marijuana; after the exchange, Kohler fled with fake currency, and Yates chased him with a handgun and fired, causing Worcester’s death.
- Two State witnesses testified that Yates admitted firing the gun; Detective Hinton testified to a statement Yates purportedly made to Jagd, which Jagd denied at trial.
- The Court of Special Appeals affirmed; Yates challenged (1) hearsay admissibility of the detective’s recited confession, (2) the res gestae approach to felony murder, and (3) the lack of plain error review for a pattern-jury instruction.
- This Court rejected all three challenges and affirmed the judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Harmless error for hearsay testimony | Yates argues the Detective Hinton statement was inadmissible and not harmless. | State contends the error was harmless given cumulative, corroborating testimony. | Harmless error; no reversal due to cumulative evidence and lack of impact on the verdict. |
| Felony murder theory used to sustain second-degree felony murder | Yates contends the court adopted a res gestae-based expansion beyond statute. | State defends continuous-transaction treatment and nexus between underlying felony and death. | Approved; the evidence supports felony murder under continuous-transaction, closely related standard. |
| Plain error review of pattern jury instruction | Yates alleges trial court erred by not requiring an explicit ‘during the commission or attempted commission’ phrasing; asks for plain error review. | State argues pattern instruction is appropriate and plain error review is unwarranted; no preservation error. | Court did not abuse discretion; declined to conduct plain error review. |
| Sufficiency of the evidence for felony murder | Underlying felony was completed before death; death cannot be during the felony. | Felony and homicide can be part of a continuous transaction; timing is not strictly conclusive. | Evidence sufficient; death occurred during the distribution of marijuana and the felony murder doctrine applies. |
Key Cases Cited
- Dorsey v. State, 276 Md. 638 (Md. 1976) (harmless error standard adopted from Chapman)
- Jones v. State, 310 Md. 569 (Md. 1987) (predecessor on cumulative evidence and harmless error principles)
- Grandison v. State, 341 Md. 175 (Md. 1995) (essential contents of objectionable testimony may be established by other unobjected evidence)
- DeLeon v. State, 407 Md. 16 (Md. 2008) (relevance of unobjected evidence and cumulative testimony)
- Berry v. State, 155 Md.App. 144 (Md. 2004) (non-prejudicial impact where same point admitted via other witnesses)
- Sydnor v. State, 365 Md. 205 (Md. 2001) (felony murder continuing beyond core event in certain contexts)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for proof beyond a reasonable doubt)
- Metheny v. State, 359 Md. 576 (Md. 2000) (felony murder and continuous-transaction concept;)
- State v. Ware, 259 Ga. 845 (Ga. 1990) (addressing narcotics transactions and felony murder)