Dulyx v. State
Maryland Supreme Court
40 A.3d 416 (2012)
- Written by Sean Carroll, JD
Facts
Leon Dulyx (defendant) was charged with robbery and the kidnapping of DeAndre McIntyre. McIntyre identified Dulyx as one of the perpetrators, and Dulyx filed a motion in limine to suppress that identification. McIntyre testified at the suppression hearing, and Dulyx was able to cross-examine McIntyre. However, the judge restricted the cross-examination to the issue of suppression and whether McIntyre was able to remember details. Dulyx was not permitted to cross-examine McIntyre about McIntyre’s ability to see Dulyx during the incident or about McIntyre’s attempt at one point to recant his testimony. At trial, McIntyre was unavailable as a witness, and the prosecution (plaintiff) sought to introduce a transcript of McIntyre’s suppression-hearing testimony under Maryland Rule 5-804(b)(1) (Rule 804(b)(1)). The trial court granted the motion and permitted the introduction of the transcript under the exception to the hearsay rule. Dulyx was convicted, and he appealed. The court of appeals affirmed the ruling, and Dulyx filed a petition for a writ of certiorari with the Maryland Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Barbera, J.)
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