Maryland Evidence

Front 1

prior conviction evidence = admissible?

Back 1

only use when impeaching credibility, otherwise 404(b)

only if
(1) each conviction less than 15 yrs. old
(2) each conviction is for an infamous crime or the prior conviction is deemed relevant to D's credibility, AND
(3) the court determines that the probative value of admitting the evidence outweighs the danger of unfair prejudice

Front 2

prior conviction + infamous crimes

Back 2

- treason
- common law felonies
- crimes falsi (e.g., perjury, false statement, false pretenses, criminal fraud)

Front 3

assault with intent to commit murder = common law felony?

Back 3

NO

Front 4

"dead man's statute"

Back 4

prohibits a party to a proceeding against an estate from testify as to a trasnaction with, or a statement by, the decedent UNLESS

(1) the statement (or evidence of it) is first introduced by the opposing party, OR

(2) the claimant is called as a witness by the opposing party

Front 5

"dead man's statute" + statements to other people

Back 5

P cannot render statements admissible by telling someone else.

Front 6

MD Rule 5-803(a)(1), admissions by party opponent

Back 6

admissions= hearsay exception in MD (not like FRE where admissions = nonhearsay)

Front 7

MD Rule 5-804(b)(3), statements against interest

Back 7

can be made by anyone

requirements
(1) declarant = unavailable
(2) statement goes against the declarant's pecuniary, penal, or proprietary interests.

Front 8

MD Rule 5-804(b)(5), "catchall" exception to the hearsay rule

Back 8

hearsay = admissible if

(1) the probative value of the statement outweighed its prejudice to the defendant

(2) if the statement was evidence of a material fact in the case, AND

(3) if the admission of the statement best served the interests of justice

Front 9

MD Rule, 5-803(b)(6), business records exception

Back 9

admittance of a business record through the custodian of the business's records

Front 10

MD Rule, 5-702, expert testimony

Back 10

allowed so long as it assists the trier of fact in understanding the evidence or in determining a fact in issue


expert must be qualified, factors
(1) witness an expert by training/experience?
(2) expert's testimony = appropriate?
(3) whether a sufficient factual basis exists to admit the expert's testimony

an expert is allowed to base his opinion on facts perceived by him or made known to him by other sources.

Front 11

authentication of photographs, people in picture

Back 11

just need someone to authenticate the person in the picture for it to be admissible

Front 12

MD Rule 5-404(b), evidence of other crimes

Back 12

inadmissible to proe the character of a person in order to show action in conformity therewith

UNLESS to show
(1) motive
(2) opportunity
(3) common scheme or plan
(4) knowledge
(5) identity
(6) absence of mistake or accident

Front 13

MD Rule 5-410(4), plea discussions

Back 13

inadmissible

statements made in the course of plea discussions with the prosecuting attorney which do not result in a plea of guilty = inadmissible