Silver v. State
23 A.3d 867
| Md. | 2011Background
- Silvers owned three horses; Calypso died and two others were rescued after severe neglect.
- State charged Silvers with three counts of animal cruelty; in district court they pled Alford to one count and other counts were nol pros.
- De novo circuit court trial convictÂed Silvers of one cruelty count; restitution ordered for euthanization and for care of surviving horses.
- State did not re-file the dropped counts; restitution was ordered as a condition of probation
- Circuit Court declined to strike testimony and admitted evidence regarding surviving horses; on appeal, the restitution order for surviving horses was challenged and other evidentiary rulings reviewed
- Maryland Court of Appeals vacated the restitution order for the surviving horses, affirmed the rest of the circuit court judgment, and remanded the restitution issue consistent with Walczak/Lee
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Restitution for non-convicted offenses | Silver(s) argue Walczak/Lee prohibit restitution for unconvicted acts | State contends exception exists via plea context or waiver | Restitution for surviving horses invalid; only restitution for convicted act permitted |
| Discovery violation and admissibility of witness testimony | Hilton asserts undisclosed report prejudiced ownership defense | Circuit Court discretion to remedy discovery violation | No abuse of discretion; remedy and continuance appropriate |
| Admission of surviving horses' photographs as 'other crimes' evidence | Admission was improper 'other crimes' evidence | Evidence was crime-scene and not propensity evidence; harmless error | Not improper under 5-404(b); any error harmless |
Key Cases Cited
- Walczak v. State, 302 Md. 422 (1985) (restitution limited to convicted offenses; narrow carve-out only with plea agreements)
- Lee v. State, 307 Md. 74 (1986) (plea-based restitution allowed when part of plea, with waivers of charges; supports but does not override Walczak)
- Goff v. State, 387 Md. 327 (2005) (abuse-of-discretion standard for restitution/conditions of probation)
- Chaney v. State, 397 Md. 460 (2007) (restitution must have evidentiary basis; not used to punish absent conviction)