Wise v. State

Eric Wise v. State of Maryland, No. 73, September Term 2019. Opinion by Hotten, J. CRIMINAL LAW – HEARSAY – PRIOR INCONSISTENT STATEMENT – POSITIVE CONTRADICTION – Nance v. State, 331 Md. 549, 569,

629 A.2d 633, 643

(1993), codified at Md. Rule 5-802.1, admits prior inconsistent statements as an exception to the hearsay rule when the proponent shows both sufficient trustworthiness of the declarant’s original statement and an inconsistency with the declarant’s testimony. The Court of Appeals held that a witness’s written description of a murder made to police before trial, was admissible under…