DULYX v. State

Maryland Rule 5 — 804(b)(1) allows for the admission of “former testimony” hearsay when the party against whom the declarant’s statement is offered “had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination” of the declarant at a prior “action or proceeding or in a deposition taken in compliance with law in the course of any action or proceeding.” We are asked in this case to determine whether the testimony of a witness at a pretrial motion to suppress the witness’s extrajudicial identification of Petitioner, Leon Dulyx A/K/A Leon Duylx, was…