Cost v. State
10 A.3d 184
| Md. | 2010Background
- Cost, an inmate at MCAC, was charged with reckless endangerment and other offenses related to an attack on Michael Brown in a supermax prison unit.
- Brown testified to a severe stab wound; the State sealed Brown's cell and took evidence that was later disposed of by the State.
- Cost sought a jury instruction on missing evidence/spoliation describing the State's destruction or non-preservation of the crime scene evidence.
- The trial court denied the instruction; Cost was convicted of reckless endangerment but acquitted on other charges.
- After trial, Cost learned Brown had a history of self-inflicted superficial stab wounds; Cost argued this Brady material should have been disclosed.
- The Court of Special Appeals affirmed the trial court’s ruling on the missing-evidence instruction, and the Maryland Court granted certiorari to review the missing-evidence issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a missing evidence instruction was required | Cost argues the State's destruction of evidence warranted a missing-evidence instruction. | Cost contends no instruction was required because there was no record of deliberate destruction. | Yes; the instruction was required and the conviction is vacated for a new trial. |
| Whether the State's failure to disclose Brown's self-inflicted wounds violated Brady | Cost contends Brady material existed in Brown's history of self-inflicted wounds. | State maintains no Brady violation was proven on the record. | Not reached; court remands for new trial on missing-evidence issue, thus Brady issue not decided. |
Key Cases Cited
- Patterson v. State, 356 Md. 677 (Md. 1999) (missing-evidence instruction not required as a general rule; due process not violated absent bad faith)
- Dickey v. State, 404 Md. 187 (Md. 2008) (standard for instructing on jury misstateings and related issues; abuse of discretion review)
- Fleming v. State, 373 Md. 426 (Md. 2003) (instructions must be read as a whole; trial court discretion recognized)
- Decker v. State, 408 Md. 631 (Md. 2009) (consciousness-of-guilt evidence; destruction of evidence relevant to inferred state of mind)
- Cost v. State, 411 Md. 355 (Md. 2009) (summary of certiorari to consider missing-evidence instruction and related due process principles)