NELSON v. STATE

No. 1069, Sept. Term, 2000.

768 A.2d 738 (2001)

137 Md. App. 402

Drexel Devoe NELSON v. STATE of Maryland.

Court of Special Appeals of Maryland.

March 9, 2001.


Attorney(s) appearing for the Case

Jennifer P. Lyman, Assigned Public Defender of Washington, D.C. (Stephen E. Harris, Public Defender of Baltimore, on the brief), for appellant.

Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Jack Johnson, State's Atty. for Prince George's County of Upper Marlboro, on the brief), for appellee.

Argued before MURPHY, C.J., and CHARLES E. MOYLAN, Jr.(Retired, specially assigned), and DANIEL M. LONG, (specially assigned), JJ.


MOYLAN, Judge.

In evidentiary terms, how does one classify a victim's reporting or recounting of a sexual attack when that report is offered at trial through the testimony of the person who heard it? Perplexingly, it may be many things, each with its own qualifying rules and each with its own evidentiary significance.

It may sometimes be a prior consistent statement, admissible only in rebuttal and only after the...

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