4/2/2024 0 Comments Bill of particulars marylandRegistration Process for Use of Cameras and Audio Equipment.Guidelines for Use of Cameras and Audio Equipment.We will develop a strong strategy to defend your case. If you are arrested or charged with a crime, you should consult with an experienced Maryland criminal defense attorney. The order suppressing the evidence was reversed. Although there was a lapse between the declaration and the victim’s death, the appellate court reasoned it didn’t disqualify the admissibility of the dying declaration. The victim did not actually die right away but lived two more years, even though he eventually died of the gunshot wounds. The victim used the blinking technique to identify the photograph of the shooter, rather than words. The nurse had asked the victim questions to figure out if he was alert, and the victim had used a blinking technique to respond, since he was on a ventilator. With regard to the first issue, the victim’s mother was told her son wouldn’t make it when she came to the Shock Trauma Unit, and her son heard and cried.Ī detective visited the unit to see if the victim could identify the shooter from a photographic array. The two issues before the court in determining whether the victim’s identification should be admitted were whether the victim was aware his death was imminent and his competence to give a meaningful declaration. Historically, the dying declaration exception was only used in homicide prosecutions, but now it applies to attempted homicide or assault with intent to commit homicide. It can also be inferred where people surrounding the victim have made statements that would lead the victim to believe he is likely to die imminently. The important issue is whether his condition is so poor that impending death can be inferred. It isn’t necessary for a victim to state he expects he will die. Any statements by the victim identifying a shooter fall within Rule 5-804(b)(2). The appellate court explained that the statement has to reflect the victim’s personal knowledge. In Maryland, under Rule 5-804(b)(2) if somebody is unavailable as a witness to a homicide prosecution, the rule against hearsay will not exclude that person’s statement about the cause of what he believes is his imminent death. This is called the “dying declaration exception.” One exception applies when somebody is unavailable as a witness and that person is making a statement with the belief of imminent death. Hearsay evidence is not admissible unless an exception applies. ![]() Hearsay is “an out-of-court statement” that is introduced to prove the truth of what is being asserted. The issue in this case was whether the victim’s identification of the shooter’s photograph counted as a dying declaration exception to hearsay rules. His lung had collapsed, and he was breathing with the help of a ventilator and eating through a feeding tube. His spinal cord was severed in his neck, which left him a quadriplegic. A few days later, he was sent to the Shock Trauma Unit in a critical and very unstable condition. He had been shot in the face and taken to the hospital to be stabilized. ![]() The murder victim, Melvin Pate, had identified his shooter to a registered nurse at a Shock Trauma Unit after the shooting before he died. The hearing judge suppressed the identification, and the State of Maryland appealed. Before the trial, he moved to suppress the victim’s identification of him as the killer. The defendant was indicted for first-degree murder, armed robbery, conspiracy, and possession of a firearm by a person not permitted to have one. ![]() A recent appellate case considered the “dying declaration” exception to the rule against hearsay evidence, among other things.
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