Elliott v. Kupferman

We are called upon to decide the propriety of decisions made by the judge (Whitfill, J.) during the guilt and death-penalty sentencing phases of Wesley Eugene Bakers first degree murder trial in the Circuit Court for Harford County. The first question before this Court is whether the trial judge abused his discretion by not calling two individuals as the courts witnesses at the sentencing hearing. The second is whether the judge abused his discretion by admitting "victim impact" testimony that included hearsay statements made by the victims family members. The third issue is whether the trial judges jury instructions, regarding first degree murder, were adequate in light of our recent holding in Willey v. State, 328 Md. 126, 613 A.2d 956 (1992). The fourth and final issue is whether there was sufficient evidence to permit a finding that the Defendant was a principal in the first degree in the murder of Jane Tyson. For the reasons stated below, we affirm the jurys verdict and the death sentence imposed by the trial judge.