Depending on the circumstances, a defendant charged in a criminal action may be able to assert several different defenses, some of which could result in a reduction of the severity of the charges or an acquittal. In a recent case, the defendant was convicted of robbery with a deadly weapon and multiple related charges. While he raised two defenses, one related to prejudicial hearsay during the trial and another concerning an impermissibly suggestive identification, the court of appeals upheld the convictions. If you have been arrested or charged with a crime, it is extremely important that you contact a Maryland criminal attorney who can review your case to properly respond to the allegations and raise any applicable defenses to protect your rights.
In the case described above, a man and his son arranged to meet the defendant to purchase two cell phones that were advertised on Craigslist. They brought two additional children with them to make the purchase. According to the facts of the case, instead of selling the phones, the defendant told them they were being robbed and pulled a gun out. Defendant allegedly shot one of the would-be purchasers. As the crime was being investigated, the victims identified the defendant as the assailant through photographic identifications. The defendant moved to suppress the identifications in a pre-trial hearing, arguing that the police used “impermissibly suggestive” procedures in securing the identifications. The motions court denied the defendant’s motion to suppress, and he was later convicted at trial of the assorted charges mentioned above.
The defendant appealed his convictions, alleging that the trial court admitted prejudicial hearsay improperly and that the motions court erred in denying his motion to suppress the photographic identifications. The court of appeals rejected both arguments. During the trial, a detective’s testimony improperly referenced certain out-of-court information that connected the appellant to the robbery. The court agreed that it was inadmissible hearsay, but appellant did not move to strike the testimony, nor did he ask for a mistrial. Furthermore, the court gave instructions to the jury that stricken testimony was not to be considered as evidence. The court of appeals concluded that appellant received all the relief that he sought with respect to the inadmissible testimony, and therefore there was no error. Continue reading →