TYLER v. STATE

No. 108, Sept. Term, 1995.

679 A.2d 1127 (1996)

342 Md. 766

Jerry S. TYLER v. STATE of Maryland.

Court of Appeals of Maryland.

July 30, 1996.


Attorney(s) appearing for the Case

George E. Burns, Jr., Assistant Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for Petitioner.

Annabelle L. Lisic, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, on brief), Baltimore, for Respondent.

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


CHASANOW, Judge.

This case presents the question of whether in a criminal trial the State may introduce, as a "prior inconsistent statement," the prior testimony of a witness who takes the stand but refuses to testify. We hold that the prior testimony was not admissible as a prior inconsistent statement in this case because a refusal to testify is not "inconsistent" with prior testimony. Hence, the prior testimony was inadmissible hearsay evidence not within any exception...

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