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TAYLOR v. STATE

No. 6 September Term, 2008.

963 A.2d 197 (2009)

407 Md. 137

Todd Tyrone TAYLOR v. STATE of Maryland.

Court of Appeals of Maryland.

January 5, 2009.

Attorney(s) appearing for the Case

Michael R. Braudes, Asst. Public Defender (Nancy S. Forster, Public Defender, Baltimore, MD), on brief, for Petitioner.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued Before BELL, C.J., HARRELL, BATTAGLIA, MURPHY, ADKINS, BARBERA and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

BATTAGLIA, Judge.

We are called upon to address the confluence of Maryland Rule 5-608(b),1 which allows impeachment by examination regarding the witness's prior conduct but does not allow proof of the prior conduct by extrinsic evidence, and Maryland Rule 5-806,2 which allows the impeachment of a hearsay declarant "by any evidence which would be admissible ... if the declarant had testified as a witness."<...

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