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ELLISON v. SACHS

No. 84-6258.

769 F.2d 955 (1985)

Ervin Devere ELLISON, Appellee, v. Stephen H. SACHS, Attorney General of the State of Maryland, Appellant. Public Defender for the State of Maryland, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1985.

Attorney(s) appearing for the Case

Carmina Szunyog Hughes, Asst. Atty. Gen., Baltimore, Md., for appellant.

Barnet D. Skolnik (Marc Seldin Rosen; Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., on brief), for appellee. (Alan H. Murrell, Public Defender, Julia Doyle Bernhardt, George E. Burns, Jr., Asst. Public Defenders, Baltimore, Md., on brief), for amicus curiae.

Before MURNAGHAN, ERVIN and SNEEDEN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Ervin D. Ellison was convicted by a jury in Prince George's County, Maryland of a second degree sexual offense. In obtaining a conviction, the prosecution relied heavily on out-of-court hearsay statements by the five year old victim who was ruled incompetent to testify at trial by the state judge. Despite the ruling, a police detective testified, over objections, to the victim's extrajudicial statements and identification of Ellison. The...

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