O'Sullivan v. State

Michael O’Sullivan v. State of Maryland, No. 3, September Term, 2021. Opinion by Biran, J. PERJURY – PROSECUTION’S BURDEN OF PRODUCTION – COMMON LAW “TWO-WITNESS” RULE – The Court of Appeals declined to abrogate Maryland’s common law “two-witness” rule. The rule provides that the State does not meet its burden of production with respect to the falsity element of a perjury prosecution if it offers only a single witness who testifies directly and positively that the defendant’s prior testimony was false. The State can prove falsity entirely through circumstantial evidence, by introducing direct…