Dulyx v. State
Annotate this CaseMd. R. Evid. 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 to develop the testimony at a prior action or proceeding. Petitioner Leon Dulyx was found guilty by a jury of aiding and abetting a robbery and aiding and abetting theft under $500. Petitioner appealed, contending that the circuit court erred under Rule 5-804(b)(1) and the Confrontation Clause in allowing the State to introduce at trial testimony of a witness taken during a pre-trial hearing to suppress the witness's extrajudicial identification of Petitioner. The court of special appeals affirmed the judgments. The Court of Appeals reversed, holding that the court of special appeals erred when it held that Petitioner was given a "full and fair opportunity" to cross-examine the witness despite substantial limitations placed on Petitioner's ability to question him. Consequently, the witness's testimony at that hearing was not admissible at Petitioner's trial under the "former testimony" hearsay exception. Remanded.
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