STATE V. DELAWDER 28 Md. App. 212, 344 A.2d 446 (1975) CASE BRIEF

STATE V. DELAWDER

28 Md. App. 212, 344 A.2d 446 (1975)

NATURE OF THE CASE: The State (P) challenged a post-conviction decision which vacated DeLawder's (D) conviction for carnal knowledge of a female under the age of 14 years and granted D a new trial.

FACTS: Delawder (D) was accused of rape. An essential element of his defense was to be a strategy to discredit the victim by proving at the time of the rape the victim thought she was pregnant and only claimed that D raped her because she was afraid to tell her mother she voluntarily had sexual intercourse with others. To show that she thought she was pregnant D would have to show that she had sexual intercourse with others. The trial court denied D this opportunity. D was found guilty of carnal knowledge of a female under the age of 14 years. He was sentenced to 15 years. D filed a petition attacking the judgment under post-conviction procedures. Relief was denied by an order of the Circuit Court for Montgomery County issued 14 October 1974. D sought leave to appeal. The application was granted and the case remanded for a hearing and a short memorandum stating the reasons for the action taken thereon. D claims that the trial court denied him his constitutional right to cross-examine the witnesses against him as that right was to be enjoyed in the light of Davis v. Alaska, 415 U.S. 308 (1974). On remand, the hearing court held that the right had been violated and that Davis was to be given full retroactive application. It vacated the judgment and ordered that D be given a new trial. P applied for leave to appeal.

ISSUE:

RULE OF LAW:

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LEGAL ANALYSIS:

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