Davis v. State

BELL, Judge.

The issue which Tyrone Davis, the petitioner, raises before this Court is the propriety of the trial court’s ruling allowing the prosecution to cross-examine a defense alibi witness regarding his failure, prior to trial, to inform the police or the prosecution of exculpatory evidence, ie., the defendant’s alibi, of which the witness was aware. More particularly, we address whether, and, if so, under what circumstances, an alibi witness’s pretrial silence is relevant to the impeachment of that witness’s testimony at trial. The Circuit Court for Baltimore City permitted the…