Foreman v. State

MURPHY, Chief Judge.

As a general rule, extrinsic evidence of a witness’s prior oral inconsistent statement is admissible if (1) the contents of the statement and the circumstances under which it was made, including the persons to whom it was made, are disclosed to the witness, (2) the witness is given an opportunity to explain or deny it, and (3) the witness has failed to admit having made the statement. Md. Rule 5-613(a) and (b). In criminal cases, however, there is what has become known as the Spence-Bradley exception to this general rule:

[ A] defendant is denied a fair trial if the State…