Marchsteiner v. State

1

JAMES MARCHSTEINER v. STATE OF MARYLAND

No. 2323-2022

Court of Special Appeals of Maryland

August 23, 2024

UNREPORTED ^[*]

Circuit Court for Baltimore County Case No. C-03-CR-21-000194

Berger, Reed, McDonald, Robert N. (Senior Judge, Specially Assigned), JJ.

OPINION

Berger, J.

Following a bench trial in the Circuit Court for Baltimore County, James Marchsteiner, appellant, was convicted of first-degree murder, first-degree assault, and second-degree assault.

The court later found Marchsteiner to be not criminally responsible ("NCR") and ordered that he be committed to the Maryland Department of Health.

In this appeal, Marchsteiner presents a single question for our review:

Whether the evidence adduced at trial is legally sufficient to sustain the convictions for first-degree murder and first-degree assault.

Finding the evidence legally sufficient, we affirm.^[1]

BACKGROUND

On January 2, 2021, Marchsteiner stabbed and killed a neighbor, Cody Mulligan, as Mulligan was walking through the front yard of his home. Marchsteiner was later arrested and charged with first-degree murder (premeditated), first-degree assault (intent to cause serious physical injury), second-degree assault, and carrying a dangerous weapon openly with intent to injure.

At the subsequent bench trial, Marchsteiner did not dispute that he had killed Mulligan. Marchsteiner's primary defense was that, because he was mentally ill at the time of the crime, he did not have the specific intent to kill or assault Mulligan.

For the State, Joshua Lausch, Mulligan's cousin, testified that, on the day of the stabbing, Mulligan contacted him and asked if he would come to Mulligan's home. Lausch testified that he frequently ran errands with Mulligan, who was blind. After speaking with Mulligan, Lausch drove to Mulligan's home and parked on the street across from the home. Upon parking, Lausch observed a man, later identified as Marchsteiner, walking down the street with a dog. Lausch waited for Marchsteiner to pass and then exited the car, at which point Lausch saw Mulligan walking out the door of his home. Lausch then walked toward the rear of his vehicle and saw Marchsteiner "staring" at him and holding a knife. Upon seeing the knife, Lausch ran away, passing Mulligan, who was walking through the front yard of his home. Seconds later, Marchsteiner ran up to Mulligan and stabbed him several times. Mulligan managed to run back into his house, where he collapsed. Around that same time, Mulligan's mother and step-father emerged from the house, and Marchsteiner fled the scene. Mulligan was later taken to the hospital, where he died.

Baltimore County Police Detective Craig Schrott testified that, during the subsequent investigation into Mulligan's death, the police recovered the murder weapon, which Detective Schrott described as "a folding bladed knife ... that you could carry." Detective Schrott testified that the police also recovered surveillance footage of the attack, which had been captured by a doorbell camera from Mulligan's home. In that footage, which was admitted into evidence, Mulligan can be seen exiting his home and walking across his front yard. Shortly thereafter, Lausch runs past Mulligan and out of camera view. Seconds later, Marchsteiner runs up to Mulligan and swings his arm forcefully at Mulligan, stabbing him in the chest. Marchsteiner then steps away and, after a brief pause, lunges at Mulligan and grabs Mulligan's shirt. Marchsteiner then swings his arm, forcefully and repeatedly, at Mulligan, stabbing Mulligan several more times. Two individuals then emerge from Mulligan's home, at which point Marchsteiner runs away.

The court also received into evidence the report from Mulligan's autopsy. According to the report, Mulligan was stabbed three times: once in the armpit, once in the chest, and once in the back. Those stab wounds caused injuries to Mulligan's rib, lung, and heart, resulting in his death.

For the defense, the court accepted into evidence a proffer regarding Marchsteiner's "state of mind" from when he was in the Baltimore County Detention Center in the days following the attack on Mulligan. According to that document, Marchsteiner informed various counselors and social workers: that there were "maggots" in his food; that people were watching him; that he was a saint sent from heaven to perform various tasks; that his 16-year-old daughter was in the prison dressed up as a nurse; and, that he could control what would happen on television.

Karen Simmonds, Marchsteiner's sister, testified that Marchsteiner had "always believed in other dimensions and realities" and had "always felt as if he was under attack." Simmonds testified that she spoke with Marchsteiner in the days leading up to the attack and that Marchsteiner asked her to pray with him about "his anxiety, the hallucinations, the voices he was hearing." Simmonds described Marchsteiner as "anxious, scared" and "talking out of his head." According to Simmonds, Marchsteiner called her on the morning of the stabbing, and the two had a 45-minute conversation. Simmonds stated that the conversation was not "a normal conversation" and that Marchsteiner had reported that he was "hearing voices" that were telling him "to be prepared."

Marchsteiner thereafter testified that he was 49 years old and had been under the care of a mental health doctor "on several occasions." Marchsteiner testified that, in 2019, he went to Johns Hopkins Psychiatric Unit and was diagnosed with "schizoaffective disorder, post-traumatic stress disorder, bipolar, social anxiety." Marchsteiner testified that he had been seeing a psychiatrist, but he stopped going in April 2020. Marchsteiner stated that, between April 2020 and January 2021, he experienced audio hallucinations and paranoid delusions. Marchsteiner reported that, in the winter of 2020, his illness had "progressed" and he was "in and out of consciousness."

On January 2, 2021, Marchsteiner was living with his mother at her home, which was located on the same block as Mulligan's home. At 4:00 a.m. that day, Marchsteiner woke his mother up and asked her to take him to a local methadone clinic because, according to Marchsteiner, "another part of [his] mental health is substance abuse." Marchsteiner went to the clinic and discovered it was closed, so he went back home and then returned to the clinic later that morning. In between those two trips, Marchsteiner went to a local store to buy cigarettes, but he quickly left upon feeling "very threatened" by the other customers, who were "stalking" him and trying to "hurt" him. After returning home following his second trip to the clinic, Marchsteiner watched a movie, which he believed "was specifically talking to [him] and stuff." At around 3:00 p.m., Marchsteiner began "feeling kind of better," and he remembered that a friend who "lived down the street" owed him "some money." Marchsteiner then decided to "take a shower" and "walk down the street." The next thing he knew, Marchsteiner was back at home, and his mother was telling him "to hand [her] a knife." Marchsteiner handed over the knife, "and the next thing [he] remember[ed] after that was waking up in Precinct Nine and them asking [him] if [he] needed medical attention." After seeing a doctor and being given medication, Marchsteiner was taken to the mental health unit of the detention center, where he remained until trial. Marchsteiner testified that he "did not consciously, willfully intend to kill [Mulligan]."

On cross-examination, Marchsteiner was asked if he had his "pocketknife" with him when he left the house prior to the stabbing. Marchsteiner responded: "I always carry my pocketknife when I walk my dog, which is usually in the woods." Marchsteiner stated that he usually carried the knife in his pocket. When asked if he ever "walk[ed] around the house" carrying the knife, Marchsteiner responded in the negative.

At the conclusion of the State's case, and again at the conclusion of the defense's case, defense counsel moved for judgment of acquittal, arguing, among other things, that the evidence was insufficient to convict Marchsteiner of murder because he did not have the requisite intent. The court denied the motion.^[2]

Ultimately, the court found Marchsteiner guilty of first-degree murder (premeditated), first-degree assault (intent to cause serious physical injury), and second- degree assault. This timely appeal followed. Additional facts will be supplied as needed below.

DISCUSSION

Parties' Contentions

Marchsteiner contends that the evidence adduced at trial was insufficient to sustain his convictions for first-degree murder and first-degree assault.^[3] As to the conviction for first-degree murder, Marchsteiner argues that the evidence did not establish that he had sufficient time to premeditate and deliberate prior to the fatal stabbing. As to both convictions, Marchsteiner argues that "the circumstances of his mental illness" at the time of the crime prevented him from forming the requisite intent to commit either crime.

The State contends that the evidence was sufficient to sustain both convictions. The State argues that the circumstances of the crime permitted a reasonable inference that Marchsteiner had adequate time to deliberate and premeditate and that he formed the requisite intent prior to stabbing Mulligan. In support, the State notes that: Marchsteiner left his house carrying a pocketknife, which he unfolded at some point Marchsteiner stared at Lausch and then ran after him; while chasing Lausch, Marchsteiner encountered Mulligan Marchsteiner then stabbed Mulligan, paused, backed away, and then stabbed him two more times; and, when Mulligan's parents came out of the house, Marchsteiner ...