In re J.H.

In Re: J.H.

No. 2461

COURT OF SPECIAL APPEALS OF MARYLAND

September Term, 2018

April 29, 2020

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

Generally, whether to grant or refuse a demand for a bill of particulars is within the trial court's discretion, as is the determination of whether the particulars provided were legally sufficient.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

The juvenile court's decision to overrule Appellant's exceptions to the State's failure to respond to a bill of particulars is reviewed for abuse of discretion.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

A bill of particulars, while not clearly established by Maryland canon, can be defined as "a formal written statement by the prosecutor providing details of the charges against the defendant. Its functions are to give the defendant notice of the essential facts supporting the crimes alleged in the indictment or information, and also to avoid prejudicial surprise to the defense at trial.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

A bill of particulars is only applicable in criminal proceedings.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

The purpose of this type of demand is to ensure that the accused is well informed regarding the scope of proof that the State will be offering to prove its case against the accused.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

A bill of particulars is most relevant in proceedings where the defendant is charged by a short form indictment.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

Juvenile petitions are governed by Md. Rule § 11-803, as promulgated by Md. Code. Ann., Cts. and Jud. Proc. § 3-8A-13(a) which provides, in part, that the petition must state the facts, in clear and simple language, on which the allegations are based. If the commission of one or more delinquent acts or crimes is alleged, the petition shall specify the laws allegedly violated by the respondent.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

In the instance that a juvenile believes that the charging petition is insufficient to advise them of the factual situation upon which they are accused, the petition can be supplied through other means, so long as the essential elements of the charged offense have been identified.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES BILL OF PARTICULARS

Given that juvenile proceedings are governed by the Maryland Rules, which specifically do not permit a juvenile to avail themselves of a remedy of an alleged deficient petition through a demand for a bill of particulars, we accept the State's argument that Appellant was not entitled to a demand for a bill of particulars in the juvenile proceeding.

INDICTMENT AND CHARGING INSTRUMENTS > IN GENERAL NATURE AND PURPOSES

The petition was sufficient when it stated in clear simple language the facts that constituted the delinquency, i.e., that the genital area included the vaginal and anal area, where the perineum is located.

CRIMINAL LAW > JUVENILE JUSTICE EVIDENCE DEGREE OF PROOF

In determining whether the evidence was sufficient to show that a juvenile has committed a delinquent act, we utilize the same standard of review that applies in criminal cases: whether the evidence, adduced either directly or by rational inference, enabled the trier of fact to be convinced beyond a reasonable doubt that the Appellant committed the act.

CRIMINAL LAW > SEX OFFENSES IN GENERAL BODILY CONTACT, PENETRATION

The expression "genital opening" is defined neither by case law nor statute in Maryland

STATUTES > CONSTRUCTION PLAIN LANGUAGE; PLAIN ORDINARY OR COMMON MEANING IN GENERAL

When examining the language of the statute, "[t]he language of the statute itself is the primary source of [legislative] intent; and the words used are to be given their ordinary and popularly understood meaning, absent a manifest contrary legislative intention.

INFANTS > SEX OFFENSES CRIMINAL ACTS AGAINST CHILDREN EVIDENCE ISSUES PARTICULAR TO OFFENSES AGAINST CHILDREN WEIGHT AND SUFFICIENCY INTENT, STATE OF MIND, AND MOTIVE

Absent any mention of the perineum in jurisdictions that define genital opening in some form or fashion, save one, we decline to define the perineum as a genital opening. In also considering the medical definition of perineum and the common understanding of opening, we acknowledge that the perineum does not have an entrance or exit. While it can be lacerated or torn, as it was in this case, it does not permit access to anything.

INFANTS > SEX OFFENSES CRIMINAL ACTS AGAINST CHILDREN EVIDENCE ISSUES PARTICULAR TO OFFENSES AGAINST CHILDREN WEIGHT AND SUFFICIENCY INTENT, STATE OF MIND, AND MOTIVE

We do not diminish the clear evidence that there has been some sexual contact, evidenced by the healing tear in the victim's perineum. Still, the evidence presented in reference to that contact was insufficient for a rational fact finder to conclude beyond a reasonable doubt that Appellant's conduct satisfied the requirements of CR § 3-306. Therefore, the second-degree sex offense finding is reversed.

CRIMINAL LAW > REVIEW SCOPE OF REVIEW IN GENERAL REVIEW DE NOVO

When the evidentiary determination also involves a question of law, such as whether the evidence is relevant or constitutes hearsay under Maryland statutes, that legal issue is reviewed de novo.

CRIMINAL LAW > EVIDENCE HEARSAY HEARSAY IN GENERAL

Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

CRIMINAL LAW > EVIDENCE HEARSAY HEARSAY IN GENERAL EVIDENCE AS TO INFORMATION ACTED ON

One of the numerous ways that a statement can be admissible as non-hearsay is if it is offered for the purpose of showing that a person relied and acted upon the statement, rather than for the purpose of showing that the facts elicited in the statement are true.

CRIMINAL LAW > EVIDENCE HEARSAY HEARSAY IN GENERAL EVIDENCE AS TO INFORMATION ACTED ON

We find no implication of hearsay here, as the mother's statements were offered for a purpose other than to assert the truth of its contents. Accordingly, the juvenile court did not abuse its discretion in admitting the mother's statements, and we need not discuss whether the mother's statements regarding the hospital visit were admitted for a hearsay purpose.

CRIMINAL LAW > EVIDENCE HEARSAY HEARSAY IN GENERAL PROMPT COMPLAINT EXCEPTION

The prompt complaint exemption is grounded in the long-recognized Maryland common law hearsay exception for a victim's timely complaint of a sexual assault.

SEX OFFENSES > EVIDENCE ADMISSIBILITY OF VICTIM'S COMPLAINTS, STATEMENTS, AND DECLARATIONS SCOPE OF TESTIMONY; DETAILS

The purpose of the prompt complaint exception in Maryland is to corroborate the victim's testimony, and not simply to combat stereotypes held by jurors regarding nonreporting victims.

SEX OFFENSES > EVIDENCE ADMISSIBILITY OF VICTIM'S COMPLAINTS, STATEMENTS, AND DECLARATIONS SCOPE OF TESTIMONY; DETAILS

We respect and accept the juvenile court's understanding of children's concept of time and thus, find no substantive inconsistency in the content of the victim's out of court statement and the testimony of her mother and Ms. Finamore about her report of the sexual assault.

CRIMINAL LAW > REVIEW SCOPE OF REVIEW IN GENERAL COMPETENCY IN GENERAL EVIDENCE ADMISSIBLE BY REASON OF ADMISSION OF SIMILAR EVIDENCE OF ADVERSE PARTY

The Court of Appeals has recently delved into the standard of review for the opening the door doctrine, finding that the inquiry as to whether counsel has opened the door is a legal one, considering that the open-door doctrine is a rule of expanded relevance. Therefore, this Court reviews the question of whether a party opened the door to introduce rebuttal evidence de novo.

CRIMINAL LAW > REVIEW SCOPE OF REVIEW IN GENERAL COMPETENCY IN GENERAL EVIDENCE ADMISSIBLE BY REASON OF ADMISSION OF SIMILAR EVIDENCE OF ADVERSE PARTY

Once the door has been "opened" for the purposes of incompetent evidence, or evidence inadmissible for reasons other than relevancy, a second inquiry is made regarding the proportionality of the rebuttal evidence.

CRIMINAL LAW > REVIEW DOCTRINE OF COMPLETENESS

We accept the State's assertion that the juvenile court did not enter portions of the victim's interview under the doctrine of completeness, and therefore this principle is inapplicable to this case.

CRIMINAL LAW > REVIEW SCOPE OF REVIEW IN GENERAL COMPETENCY IN GENERAL EVIDENCE ADMISSIBLE BY REASON OF ADMISSION OF SIMILAR EVIDENCE OF ADVERSE PARTY

This opening the door doctrine offers relief when one party introduces evidence that was previously irrelevant, over objection, and in doing so, makes relevant an issue in the case, permitting the trial court to determine that the first party opened the door for the second party to offer evidence in response, in keeping with the interest of fairness.

CRIMINAL LAW > REVIEW SCOPE OF REVIEW IN GENERAL COMPETENCY IN GENERAL EVIDENCE ADMISSIBLE BY REASON OF ADMISSION OF SIMILAR EVIDENCE OF ADVERSE PARTY

We agree with the juvenile court and the State that, as a matter of law, defense counsel opened the door, permitting the State to introduce rebuttal evidence in response to questioning about victim's out of context statements, in order to assess to what degree the victim's trouble answering questions was a fair characterization.

Circuit Court for Charles County

Case No. C-08-JV-18-000081

REPORTED

^*Wright, Reed, Sharer, J. F. (Senior Judge, Specially Assigned), JJ.

Opinion by Reed, J.

^* Wright, Alexander J., now retired, participated in the hearing of this case while an active member of this Court; after being recalled pursuant to the Constitution,...