Brooks v. State
439 Md. 698
Md.2014Background
- Brooks was convicted in Harford County of first degree rape by threat, second degree rape, second degree assault, and false imprisonment; sentences include life with nearly all suspended and a consecutive 40-year term with most suspended.
- Convictions for second degree rape and second degree assault were merged into the first degree rape for sentencing; false imprisonment was not merged.
- Brooks challenged two evidentiary rulings: exclusion of Deputy Faby’s police report and failure to strike a SAFE nurse’s testimony that Laura B.’s injuries would “verify” her account.
- The police report summarized Laura B.’s statements to Deputy Faby, allegedly inconsistent with trial testimony, and defense sought admission for impeachment.
- Nurse Harden, a SAFE with extensive experience, testified to Laura B.’s injuries; the prosecutor asked whether the injuries were consistent with Laura B.’s statements, and Harden responded that they would verify the account.
- The Court of Special Appeals affirmed, and the Court granted certiorari to address the evidentiary rulings and a sentencing issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of police report as prior inconsistent statement | Brooks argues Rule 5-613/5-616 allow extrinsic evidence to impeach Laura B. | State contends Rule 5-802.1 bars the report; not admissible for truth or impeachment. | Report properly excluded; not substantially verbatim or adopted by Laura B. |
| Admission of nurse's ‘verify’ statement | Harden’s statement impermissibly commented on credibility of Laura B. | Statement was harmless or within permissible scope; not a wrongful vouching. | Questionable phrasing; admission deemed harmless error or within permissible scope. |
| Merger of false imprisonment into first degree rape for sentencing | False imprisonment should merge if same act or required evidence tests apply. | Possible separate basis; no clear same-act basis proven by record. | False imprisonment merged into first degree rape for sentencing. |
Key Cases Cited
- Bruce v. State, 318 Md. 706 (1992) (written police notes not admissible unless adopted or substantially verbatim)
- Collins v. State, 318 Md. 269 (1990) (written summaries of statements not adoptable unless signed/adopted)
- Hardison v. State, 118 Md.App. 225 (1997) (impeachment via officer’s testimony; adoption/adoption concept discussed)
- Saget, 991 F.2d 702 (11th Cir. 1993) (third-party summaries not admissible unless adopted or verbatim)
- Bohnert v. State, 312 Md. 266 (1988) (expert testimony cannot vouch for credibility of another witness)
- Conyers v. State, 354 Md. 132 (1999) (distinguishes credibility assessment from corroboration by other evidence)
- Nicolas v. State, 426 Md. 385 (2012) (merger when same acts; ambiguous factual basis resolved in the defendant’s favor)
- Snowden v. State, 321 Md. 612 (1991) (merger analysis for offenses sharing essential elements)