Court of Appeals of Maryland.https://leagle.com/images/logo.png
November 30, 1988.
November 30, 1988.
Attorney(s) appearing for the Case
Nancy S. Forster, Asst. Public Defender (Alan H. Murrell, Public Defender, Melissa M. Moore, Asst. Public Defender, on the brief), Baltimore, for appellant.
Richard Rosenblatt, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., on the brief), Baltimore, for appellee.
Argued before ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE and ADKINS, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.
Court of Appeals of Maryland.
McAULIFFE, Judge.
In Eley v. State,288 Md. 548, 419 A.2d 384 (1980), we held it was error to prohibit defense counsel from commenting on the unexplained absence of fingerprint evidence. In seeking to uphold the prohibition of similar comment in this case, the State argues that the holding of Eley must be restricted to cases involving questionable identification evidence. We shall not...
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