McClain v. State
Annotate this CasePetitioner Elliott McClain was convicted by a jury of first degree murder and related offenses. At trial, the State offered into evidence an audiotape of a prior statement by a State's witness without explicitly offering at that time a theory for its admission. The trial court admitted that audiotape, reasoning that it was admissible as either a prior consistent statement or a prior inconsistent statement. The Court of Appeals affirmed, holding that the trial court did not err (1) in admitting the audiotape statement as a prior inconsistent statement pursuant to Md. R. Evid. 5.802.1(a); and (2) in sending to the jury room during deliberations, absent a specific request from the jury, the audiotape statement of the witness and other prior audiotape statements that were admitted into evidence.
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