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Conviction affirmed where the prosecutor?s question ?strayed from the track? established by MRE/FRE 5-704(b), but the witness's answer did not.

By Marks & Katz, LLC

Fewer prosecutors would play fast and loose with rules of evidence if they saw appellate courts more frequently give appellate relief for such transgressions. In that regard, unfortunately Maryland's Court of Appeals today affirmed a PCP with intent to distribute conviction, acknoweldging that the prosecutor's question to its police drug sale "expert witness" ?strayed from the track? established by MRE/FRE 5-704(b), but the witness's answer did not. Gauvin v. Maryland, __ Md. _ (Dec. 18, 2009).  Thanks to Chief Judge Bell, joined by Judge Greene, for dissenting.  

Full post as published by Underdog on December 18, 2009 (boomark / email).