EVANS v. STATE

No. 2446, Sept. Term, 2005.

922 A.2d 620 (2007)

174 Md. App. 549

Willie EVANS v. STATE of Maryland.

Court of Special Appeals of Maryland.

May 3, 2007.


Attorney(s) appearing for the Case

Anne K. Olesen, Washington, DC, for appellant.

James Williams (Douglas F. Gansler, Atty. Gen., on brief), for appellee.

Panel MURPHY, C.J., DAVIS, KENNEY and JAMES A., III (retired, specially assigned), JJ.


DAVIS, J.

The failure of the State to produce evidence available to it has long been advanced by counsel in argument to a jury as the rationale for finding reasonable doubt. When counsel for appellant, Willie Evans, resorted to this trial strategy, the presiding judge admonished the jury regarding its limited consideration of evidence not adduced. Appellant now asks us, in this appeal, to denounce the court's instruction regarding the State's obligation to produce...

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