Kennedy v. State

We are involved in this case with the proper application of the non-constitutional per se exclusionary rule enunciated in Johnson v. State, 282 Md. 314, 384 A.2d 709 (1978), concerning a statement taken from an accused in violation of M.D.R. 723 a. 1 We shall hold that statements made by appellant Burandous Kennedy subsequent to his appearance before a judicial officer are not the "tainted fruit of a poisonous tree” and hence are admissible in evidence against him notwithstanding the delay in initially bringing him before such a judicial officer. The record clearly demonstrates that he was…