11 A.3d 824
Md.2011Background
- Artist was shot by multiple gunmen; 9mm and .40 ammo found at scene.
- Donte Tyner and Tavon Tyner were convicted of first-degree murder and related offenses after a nine-day trial.
- Key eyewitness McCullough, cooperating with the State, recanted initial statements and provided new account.
- Miha Brown, 16, identified McCullough as van driver and Tavon as shooter from photo arrays.
- Detective Bradley testified about McCullough’s cooperation agreement to tell the truth, prompting defense objections.
- Issue-focused rulings centered on whether Bradley’s testimony improperly bolstered McCullough and whether such error was reversible under Bohnert and Hunter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Detective Bradley’s testimony improperly bolstered McCullough’s credibility | Tyner argues it improperly vouched for McCullough | Tyner contends this bolstering was permissible contextually | No reversible error; context supported admissibility |
| Whether admitting cooperation-agreement testimony violated Bohnert/Hunter principles | Bohnert/Hunter require strike of credibility implications | Context showed it explained the agreement, not credibility of others | Not error as to law; admissible explanation of cooperation agreement |
| Whether one co-defendant’s objection should bind the other on appeal | If one co-defendant objects, the issue should support both | Objections are case-specific; not necessarily transferable | Not reached; not necessary to decide given other holdings |
Key Cases Cited
- Bohnert v. State, 312 Md. 266 (Md. 1988) (prohibits bolstering a witness's credibility with another’s opinion; error when admitting such testimony)
- Hunter v. State, 397 Md. 583 (Md. 2007) (prohibits asking jurors to judge credibility of police witnesses against defendant)
- Crawford v. State, 285 Md. 431, 404 A.2d 244 (Md. 1979) (precludes testimony that expresses disbelief of the defendant’s story as to credibility)
- Merzbacher v. State, 346 Md. 391, 697 A.2d 432 (Md. 1997) (relevancy and discretion standards for evidentiary rulings; general principle cited)