9 A.3d 155
Md. Ct. Spec. App.2010Background
- Copeland was charged in Prince George's County with kidnapping, second degree assault, false imprisonment, and carrying a dangerous weapon; convicted only of second degree assault and sentenced to 10 years with 3 suspended, plus 5 years supervised probation upon release.
- On Sept. 13, 2008, Nesmith claimed Copeland forced her to drive to a friend's house, pulled a steak knife, and threatened to harm her; Conley observed a struggle and called 911.
- Officer Browning arrested Copeland after seeing him with his arm around Nesmith’s neck; Nesmith testified Copeland threatened her to deter her testimony.
- Trial occurred April 1–2, 2009; the State introduced evidence that Copeland had threatened Nesmith and her family to influence her testimony.
- On appeal, Copeland challenged the admissibility of the threats as hearsay and as improper 'other crimes' evidence; the circuit court admitted the evidence.
- The Court of Special Appeals affirmed, holding the threats were admissible as hearsay under Rule 5-803(b)(3) and as admissible 'other crimes' evidence under Rule 5-404(b) with no abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay admissibility of threat testimony | Copeland argues Browning’s testimony about fear is hearsay without an exception. | State contends testimony fits Rule 5-803(b)(3) as then-existing mental state and relevant to the threat. | Admissible under Rule 5-803(b)(3) |
| Admission as other crimes evidence | Copeland asserts threats were improper 'other crimes' evidence and unfairly prejudicial. | State contends evidence shows consciousness of guilt and admissible for motive/intent under Rule 5-404(b). | Admissible under Rule 5-404(b); no abuse of discretion |
Key Cases Cited
- Merzbacher v. State, 346 Md. 391 (Md. 1997) (abuse-of-discretion standard for evidentiary rulings)
- Hunt v. State, 321 Md. 387 (Md. 1990) (admission of evidence; prejudice vs. probative value)
- Conyers v. State, 345 Md. 525 (Md. 1997) (consciousness of guilt as an admissible purpose for prior acts)
- Jackson v. State, 132 Md. App. 467 (Md. 2000) (prior threat testimony admissible to show consciousness of guilt)
- State v. Edison, 318 Md. 541 (Md. 1990) (evidence of flight admissible to show consciousness of guilt)
- Edery v. Edery, 193 Md. App. 215 (Md. 2010) (Rule 5-803(b)(3) applicability to statements of then-existing condition)