HOEY v. STATE

No. 11 September Term, 1986.

311 Md. 473 (1988)

536 A.2d 622

JOHN GERARD HOEY, JR. v. STATE OF MARYLAND.

Court of Appeals of Maryland.

February 5, 1988.


Attorney(s) appearing for the Case

George Lipman and George E. Burns, Jr., Asst. Public Defenders, Baltimore (Alan H. Murrell, Public Defender, and Kathleen M. Brown, Assigned Public Defender, on the brief) for appellant.

Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., on the brief) for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.


COLE, Judge.

We shall answer three questions in this appeal: (1) Were the defendant's confessions, under the circumstances presented, properly admitted at trial? (2) Was the testimony of a treating psychiatrist, introduced by the State to rebut the defendant's proof of his lack of criminal responsibility, admissible when the State failed to disclose the expert witness to the defendant during discovery? and (3) Was it constitutional to place the burden of proof on...

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