KOSMAS v. STATE

No. 8, September Term, 1988.

316 Md. 587 (1989)

560 A.2d 1137

STANLEY MICHAEL KOSMAS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

July 25, 1989.


Attorney(s) appearing for the Case

Russell J. White (Susan McMillan Davis, both on brief), Towson, Richard M. Karceski, Baltimore, argued, for petitioner.

Richard B. Rosenblatt, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


McAULIFFE, Judge.

We reverse the murder conviction of this defendant because the introduction of evidence that he refused to take a lie detector examination prejudiced his case beyond the point that an instruction to disregard the testimony reasonably could be expected to effect a cure.

I.

Stanley and Maria Kosmas were married in 1963 and had three children. Their marriage was harmonious for a number of years, but problems developed about the time...

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