Tyler v. State

I concur in the judgment and would not change one word in the majority’s analysis of every issue except the admissibility of Eiland’s testimony. I would, however, add the following reasons why (1) Eiland’s testimony at his trial was inconsistent with his refusal to answer any questions in this case, and (2) the introduction of Eiland’s prior testimony did not violate appellant’s right of confrontation.

An assertion may be express or implied. There is evidentiary significance in an implied assertion. In re Devon T., 85 Md.App. 674, 696-697, 584 A.2d 1287 (1991). In this case, we have Eiland’s…