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STATE v. SNOWDEN

No. 42, September Term, 2004.

867 A.2d 314 (2005)

385 Md. 64

STATE of Maryland v. Michael Conway SNOWDEN.

Court of Appeals of Maryland.

February 7, 2005.

Attorney(s) appearing for the Case

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for petitioner.

Jennifer P. Lyman, Public Defender, Community Legal Clinics, George Washington University Law School of Washington, D.C., on brief, for respondent.

Tom Harbison, Sr. Atty., Victor Vieth, Mary Leary, amicus curiae for American Prosecutors Research Institute.

Lynn McClain, Baltimore, Michael J. Schreyer, Waldorf, Leigh Goodmark, Baltimore, Russell P. Butler, Upper Marlboro, Lisae C. Jordan, Silver Spring, amicus curiae for Maryland Crime Victims' Resource Center, Inc., University of Baltimore Family Law Clinic, Advocates for Children and Youth, Inc., and Maryland Coalition Against Sexual Assault.

Blair G. Brown, Elizabeth G. Taylor, Eric R. Delinsky, Zuckerman Spaeder, LLP, Washington, D.C., amicus curiae for National Assn. of Criminal Defense Lawyers and Maryland Criminal Defense Attys. Assn.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE, JJ.

HARRELL, J.

In this case we consider whether statements made by child abuse victims to a social worker, though hearsay, may continue to be admitted at a criminal trial through the social worker under Maryland's "tender years" statute, Md.Code (2001), § 11-304 of the Criminal Procedure Article, in light of the U.S. Supreme Court's ruling in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). We shall...

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