“An appellant preserves the issue of omitted voir dire questions under Rule 4–323 by telling the trial court that he or she objects to his or her proposed questions not being asked.” Smith v. State, 218 Md.App. 689, 700–01, 98 A.3d 444 (2014). If a defendant does not object to the court's decision to not read a proposed question, he cannot “complain about the court's refusal to ask the exact question he requested.”

Appellant in this case, anticipating the State's non-preservation argument, directs our attention to Maryland Rule 4-323(c). That rule "governs the 'manner of objections during jury selection,' including objections made during voir dire[,]" Smith v. State, 218 Md. App. 689, 700 (2014) (citation omitted), and provides: (c) Objections to Other Rulings or Orders. For purposes of review by the trial court or on appeal of any other ruling or order, it is sufficient that a party, at the time the ruling or order is made or sought, makes known to the court the action that the party desires the court to take or the objection to the action of the court.

Appellant argues that the two written rap lyrics attributed to him were irrelevant and highly prejudicial. We review the trial court's decision to admit the evidence by first determining whether the evidence is legally relevant, a conclusion of law which we review de novo. Smith v. State, 218 Md. App. 689, 704 (2014). To qualify as relevant, evidence must tend to "make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."

Gutierrez v. State, 423 Md. 476, 495, 499, 32 A.3d 2 (2011). 218 Md. App. 689, 705 (2014). Griffin argues that her ownership of a 9 mm handgun, the empty ammunition boxes, and the paper targets were irrelevant and that the admission of this evidence was unfairly prejudicial.

A court may admit relevant evidence, but it has no discretion to admit evidence that is irrelevant. Smith v. State, 218 Md.App. 689, 704 (2014) (citing Md. Rule 5-402). A ruling that evidence is legally relevant is a conclusion of law, which we review de novo.

The rule does, however, allow "bad act" evidence that has "special relevance," i.e., it is "substantially relevant to some contested issue," such as evidence showing "notice, intent, preparation, common scheme or plan, knowledge, identity or absence of mistake or accident." Smith v. State, 218 Md. App. 689, 710 (2014) (quoting Wynn v. State, 351 Md. 307, 316 (1998)); Md. Rule 5-404(b). The analysis for the admission of this type of evidence is as follows:

"Evidence is material if it bears on a fact of consequence to an issue in the case." Smith v. State, 218 Md. App. 689, 704 (2014). "Probative value relates to the strength of the connection between the evidence and the issue, to the tendency of the evidence 'to establish the proposition that it is offered to prove.'"

In other words, evidence is relevant if it is both material and probative. "Evidence is material if it bears on a fact of consequence to an issue in the case." Smith v. State, 218 Md. App. 689, 704 (2014). "Probative value relates to the strength of the connection between the evidence and the issue...to establish the proposition that it is offered to prove."

In determining whether a particular piece of evidence is unfairly prejudicial, the court must balance the inflammatory character of the evidence against the utility the evidence will provide to the jurors' evaluation of the issues in the case." Smith v. State, 218 Md. App. 689, 704 (2014). Here, the probative value of appellant's statements on the recording was significant as they tended to show appellant's consciousness of guilt, i.e., his attempt to orchestrate witness testimony and behavior. Under the circumstances here, the circuit court did not abuse its discretion in finding that the probative value of the recording outweighed the danger of unfair prejudice.

More simply, evidence is relevant if it is material and carries probative value. See Smith v. State, 218 Md.App. 689, 704 (2014). "Evidence is material if it bears on a fact of consequence to an issue in the case." Id.