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State v. Jones

Court of Appeals of Maryland
532 A.2d 169 (Md. 1987)


Facts

A motorist was pulled over by Jones (defendant) for operating a Ford Pinto without a taillight. At one point, the motorist ended up in Jones’s cruiser, although it is disputed as to why she entered the cruiser and what happened thereafter. The motorist claimed that Jones sexually assaulted her in the cruiser. She also claimed that when she got out of the cruiser, Jones sped off with no lights on and the motorist tried to catch up to get the cruiser tag number. The prosecution sought to introduce evidence that Trooper Byrd, who was nearby, heard over a CB radio two truckers having the following exchange: Speaker 1: “Look at [that state trooper] with no lights on at a high rate of speed.” Speaker 2: “Look at that little car trying to catch up with him.” The trial court admitted this evidence as a present sense impression and the Maryland Court of Special Appeals reversed. The Court of Appeals of Maryland granted certiorari.

Rule of Law

Issue

Holding and Reasoning (McAuliffe, J.)

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