Davis v. State
52 A.3d 148
Md. Ct. Spec. App.2012Background
- Davis was indicted for first degree burglary and conspiracy to commit first degree burglary.
- Trial began April 27, 2011; Jerquan H., a juvenile co-perpetrator, could not testify live due to Fifth Amendment privilege.
- Administrative Judge denied a continuance to accommodate Jerquan’s live testimony; State offered to stipulate Jerquan’s statements.
- Trial proceeded; Davis found guilty of first degree burglary and acquitted of conspiracy.
- Davis moved for new trial; court denied; Davis sentenced to eight years with suspension and probation.
- Appellate review addressing continuance, admissibility of Jerquan’s audiotaped interrogation, and sufficiency of the burglary evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance denial was an abuse of discretion | Davis contends Jackson factors were met. | State argues factors not satisfied; Jerquan unlikely to testify in time. | No abuse; Jackson factors not met. |
| Whether Jerquan’s audiotaped interrogation violated Crawford | Davis argues Confrontation Clause violation; waiver issues. | State asserts waiver and harmless error. | Unpreserved or harmless error; no reversal. |
| Whether the evidence was sufficient to sustain first degree burglary | Davis asserts insufficient evidence of aiding and abetting. | State contends circumstantial and testimonial evidence showed aiding and abetting. | Sufficient evidence for aiding and abetting burglary. |
Key Cases Cited
- Jackson v. State, 214 Md. 454 (Md. 1957) (continuance factors for denial)
- Tann v. State, 43 Md.App. 544 (Md. App. 1979) (absence of witness where privilege applies)
- Fontaine v. State, 134 Md.App. 275 (Md. App. 2000) (continuance and witness availability considerations)
- Conyers v. State, 354 Md. 132 (Md. 1999) (harmless error standard and evidentiary rulings)
- McNeal v. State, 426 Md. 455 (Md. 2012) (permissible inconsistency of verdicts in criminal trials)