Crosby v. State

I concur in the judgment only. Although I would have found error, under the greater protections offered by Art. 22 of the Maryland Declaration of Rights than the Fifth Amendment 0See Maj. op. 366 Md. at 524, n. 6), in the allowance of the State’s use of Crosby’s refusal to give a written statement, I also would have concluded, on the record of Crosby’s trial, such error to be harmless beyond a reasonable doubt. See Brown v. State, 364 Md. 37, 42, 770 A.2d 679, 682 (2001).

The store manager/victim identified Crosby. Although masked, Crosby, a former employee of the K-Mart, was recognized by the…