DEPT. OF PUBLIC SAFETY v. COLE

No. 401 September Term, 1994.

103 Md. App. 126 (1995)

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES v. GREGORY COLE.

Court of Special Appeals of Maryland.

February 2, 1995.


Attorney(s) appearing for the Case

Michael O. Doyle, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief) Baltimore, for appellant.

Hillary Galloway Davis (J. Edward Davis, on the brief) Towson, for appellee.

Argued before WILNER, C.J., and DAVIS, J., and MARVIN H. SMITH (Retired,) Specially Assigned.


MARVIN H. SMITH, Judge, Specially Assigned.

The central issue in this case is whether an administrative law judge erred when, without any authentication, he admitted a video tape into evidence. We conclude, as did the circuit judge who heard the matter on appeal, that he did in fact err. There are other issues that we shall discuss, but they are relatively unimportant.

I.

On August 14, 1991, appellee, Gregory Cole, was a merit system employee of...

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