STATE v. MATUSKY

No. 124 Sept. Term, 1995.

682 A.2d 694 (1996)

343 Md. 467

STATE of Maryland v. Michael Stewart MATUSKY.

Court of Appeals of Maryland.

September 18, 1996.


Attorney(s) appearing for the Case

Gwynn X. Kinsey, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for petitioner.

Edward C. Covahey, Jr. (Covahey & Boozer, P.A., on brief), Towson, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


RAKER, Judge.

We granted certiorari in this case to determine whether the trial court correctly applied the declaration against penal interest exception to the rule precluding admission of hearsay evidence. We shall hold that the trial court interpreted the exception too broadly, erroneously admitting collateral portions of the hearsay declaration that did not directly incriminate the declarant.

I.

In May, 1993, Respondent Michael Stewart Matusky...

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