Please ensure Javascript is enabled for purposes of website accessibility

TRAVIS MANNING v. STATE OF MARYLAND

Criminal procedure — Jury instructions — Flight

After a jury trial in the Circuit Court for Baltimore City, Travis Manning was convicted of attempted murder in the first degree, reckless endangerment, use of a handgun in the commission of a felony or crime of violence, possession of a regulated firearm by a disqualified person, and carrying a handgun concealed or openly about his person. Manning was sentenced to a term of life imprisonment on the conviction of attempted murder; a concurrent five year term on the conviction of reckless endangerment; a consecutive twenty year term on the conviction of use of a handgun in the commission of a felony or crime of violence; and a consecutive term of fifteen years on the conviction of possession of a handgun by a disqualified person. The conviction of carrying a handgun was merged for sentencing purposes. In this appeal, Manning presents four questions, which we have rephrased: 1. Did the sentencing court err in imposing separate sentences on Manning’s convictions of attempted murder, reckless endangerment, use of a handgun in the commission of a felony or crime of violence, and possession of a handgun by a disqualified person? 2. Did the trial court err in permitting the State, during rebuttal closing arguments, to present a theory of the case that Manning maintains was not supported by the evidence? 3. Did the trial court’s admission of certain extrajudicial statements violate the rule against hearsay and the Confrontation Clause? 4. Did the trial court err in giving a flight instruction to the jury? For reasons to follow, we hold that Manning’s conviction of reckless endangerment …

Read the opinion.