Other Crimes Evidence and Witnesses. Sessoms v. State.

14923509448691552913892-e1492394121118

Brief Brief. Sessoms v. State, 357 Md. 274 (2000).

Issue: The test for admitting other crimes evidence, under Maryland Rule 5-404,  does not apply to other crimes or wrongs committed by anyone other than defendant.

Quote:

“We hold that the test for admitting other crimes evidence in criminal proceedings enunciated in Faulkner generally does not apply to crimes, wrongs, or acts committed by someone other than a criminal defendant. The other crimes evidence rule is a court-created standard designed to ensure that a defendant is tried for the crime for which he or she is on trial and to prevent a conviction based on reputation or propensity to commit crimes, rather than the facts of the case. Because this rule is premised upon protecting an accused from undue prejudice, it does not apply to exclude other crimes evidence involving alleged actions by others testifying in the criminal proceedings. This is especially so when the evidence is crucial to the defense in a criminal proceeding and concerns impeachment of a witness with a possible prejudice, bias, interest, or motive to falsely testify.” (Id. at 294).

About Site Administrator: Paul Notarianni

Feel free to view and download any of the content on this site IF you accept the following conditions: 1) You agree to not forward or distribute any of the content of this site for profit or financial gain. 2) You understand that this site and all of its content is for informational purposes only. 3) You understand that the Western Maryland Advocate is not an advertisement, no legal services of any kind are being offered. 4) You understand that no attorney-client relationship exists simply by nature of viewing this site and downloading/viewing its contents. 5) You understand that nothing on this site or downloaded from it should be used as an alternative to discussing your case with a competent licensed attorney in your particular jurisdiction. 6) You understand that the Western Maryland Advocate is an independent experiment. In other words, this site is in no way, whatsoever, affiliated with any government agency or law firm. 7) You understand that no warranty or guarantee is made that the information on this site or the content posted on it is accurate, up to date, or current. 8) You understand that the Western Maryland Advocate is not responsible for the content on any associated link or advertisement. Paul J. Notarianni is the administrator for the Western Maryland Advocate. He is licensed to practice law in the State of Maryland and may be contacted at Paulnotarianni@gmail.com
This entry was posted in - Evidence, -- B.B.'s. Brief Briefs. Bookmark the permalink.