STATE V. JONES, 311 Md. 23, 532 A.2d 169 (1987) CASE BRIEF

STATE V. JONES

311 Md. 23, 532 A.2d 169 (1987)

NATURE OF THE CASE: This was a prosecution for sexual assault. State (P) sought review of an order, which reversed the convictions of Jones (D) for a third degree sexual offense, battery, and misconduct in office. The court granted certiorari in the case to consider the admissibility of certain evidence in the light of a recent decision.

FACTS: Complainant (P) was stopped by Jones (D), a Maryland State Trooper, for operating a vehicle without a taillight. An alleged sexual assault occurred in D's police cruiser., but the parties' testimony regarding the assault and the circumstances under which P came to be in the police car varied. After the assault occurred, P and her passenger chased D, but could not catch up, and stopped at the first emergency roadside phone to report the incident. The evidence at issue concerns the testimony of a Trooper Byrd, who had heard two unidentified speakers on his CB radio: the two transmissions were 'look at Smokey Bear southbound with no lights on at a high rate of speed;' and 'look at that little car trying to catch up with him.' Byrd testified to these statements outside the presence of the jury, and the trial judge ruled them admissible under the present sense impression exception to the hearsay rule. When the jury was called back, Byrd testified again, but cast his testimony in narrative form. Although D objected to the testimony initially, before it was given to the judge, he failed to object when Byrd testified before the jury. D appealed. The Court of Special Appeals reversed, citing the absence of corroborative evidence by an equally percipient witness.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner