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HARROD v. STATE

No. 69, September Term, 2010.

31 A.3d 173 (2011)

423 Md. 24

Darryl K. HARROD v. STATE of Maryland.

Court of Appeals of Maryland.

October 27, 2011.

Attorney(s) appearing for the Case

Eric A. Harrington , Assigned Public Defender, Washington, DC, for Petitioner.

Gary E. O'Connor , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

In this case, we consider whether, in a retrial of a criminal case involving a controlled dangerous substance, the State is required, prior to trial, to timely give notice of its intent to admit the chemist's report into evidence without the presence of the chemist pursuant to statute, when the chemist had testified and was subjected to cross-examination and the report had been admitted into evidence during the...

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