TERRY WAYNE HAMMONDS v. STATE OF MARYLAND
Court of Appeals, Greene, Filed Dec. 3, 2013,
Witness Intimidation- § 9-303(a) (Retaliation for testimony) does not require that a threat be communicated to the witness or victim, or with the belief that the threat would be communicated to the witness or victim

Defendant was convicted and sentenced of domestic assault. As he was escorted down the hallway from the courtroom by a deputy, he said loudly “She don’t know it, but she just signed her death warrant,” and “she’s going to be one sorry bitch in a year and a half.” CoA held that these statements, despite being made out of hearing of the witness, were sufficient for a conviction under 9-303(a).

Despite noting a lack of ambiguity in the text of 9-303(a), the CoA nevertheless explores various fields of statutory construction in concluding that the text means what the text says.

Other notes from the case:
– Witness Intimidation- Elements of the crime include only (1) the making of a threat, and (2) intent to retaliate against a witness or victim
– Contempt- Not contempt of court where defendant tore up probation papers while seated in the back of the courtroom, as it was not a “deliberate
effort” to disrespect the presiding judge or interrupt the court proceedings
– Contempt- “One act made in exasperation or agitation that does not disrespect the presiding judge or deliberately interrupt proceedings is not contemptuous or an obstruction to the administration of justice”
– Violation of Probation- Even when not convicted of a crime, “[i]f it is shown by independent, probative evidence” that a crime was committed and the court is satisfied that the probationer committed that crime, “probation may be revoked on the ground that the probationer violated the special condition of his probation that he obey all laws.”
– Violation of Probation- [footnote] direct criminal contempt is a crime that would violate the “obey all laws” provision of a person’s probation
– Violation of Probation- A decision to revoke probation based in whole or in part on improper grounds cannot stand