56 A.3d 787
Md. Ct. Spec. App.2012Background
- Joyner was convicted in Prince George’s County Circuit Court of possession with intent to distribute marijuana and cocaine, with concurrent sentences of four and five years.
- Post-trial, Joyner appealed raising four issues including suppression of his police statement, admissibility of a defense witness, expert disclosure of Nicole Edwards, and admissibility/authentication of jail-telephone recordings.
- Hearing on the suppression motion involved Detective McConnell’s account of advising rights en route to a correctional facility, time-stamping of the warning, and absence of a written waiver; the motions court denied suppression.
- Defense challenged Miranda waiver and alleged lack of written waiver and procedural safeguards; the court found adequate advisement and denied suppression.
- The court allowed Edwards as an expert, allowed a late expert disclosure, and admitted other circumstantial evidence; it excluded defense witness Shanda Collins for failure to disclose and lack of notice, but held the error harmless, and permitted limited use of jail recordings for impeachment after authentication issues.
- The State was permitted to introduce a challenge to the voice on jail recordings when the tapes were not fully authenticated, and Joyner testified that the voice was not his.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of appellant’s statement | Joyner—waiver of suppression ground not properly raised | Joyner—Miranda waiver not properly secured and warned | Issue waived; no reversal on suppression |
| Defense witness not timely disclosed | State—disclosure violation; not announced | Defense needed to present rebuttal witness | Harmless beyond a reasonable doubt; verdict supported by other evidence |
| Admission of Nicole Edwards as expert | Defense lacked notice; Edwards unnamed | State supplemented discovery; no prejudice shown | denial of objection upheld; Edwards properly allowed |
| Authetication of jailhouse recordings | State should be allowed to authenticate and play recordings | Recording unauthenticated; prejudicial | Court permitted limited use for impeachment after authentication issues; no reversible error |
Key Cases Cited
- Carroll v. State, 202 Md.App. 487 (Md.App. 2011) (waiver/forfeiture of suppression issues when not raised pre-trial)
- Perry v. State, 344 Md. 204 (Md. 1996) (failure to raise suppression grounds pre-trial results in waiver)
- Rose v. United States, 538 F.3d 175 (3d Cir. 2008) (Rule 12 waiver approach governs suppression issues raised on appeal)
- Walker v. United States, 665 F.3d 212 (1st Cir. 2011) (Rule 12(e) waiver applies to pre-trial defenses; no review on appeal without good cause)
- Colter v. State, 297 Md. 423 (Md. 1983) (discovery sanctions and exclusion of undisclosed witnesses must be exercised with discretion)
- Morris v. State, 418 Md. 194 (Md. 2011) (harmless error standard for evidentiary rulings)