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DULYX v. STATE

No. 54, September Term, 2011.

40 A.3d 416 (2012)

425 Md. 273

Leon DULYX a/k/a Leon Duylx v. STATE of Maryland.

Court of Appeals of Maryland.

March 21, 2012.

Attorney(s) appearing for the Case

Brian M. Stanford , Assigned Public Defender (Fried, Frank, Harris, Shriver & Jacobson LLP, Washington, D.C.; Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for Petitioner.

Todd W. Hesel , Honors Attorney ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and DALE R. CATHELL (Retired, Specially Assigned), JJ.

BARBERA, J.

Maryland Rule 5-804(b)(1) allows for the admission of "former testimony" hearsay when the party against whom the declarant's statement is offered "had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination" of the declarant at a prior "action or proceeding or in a deposition taken in compliance with law in the course of any action or proceeding." We are asked in this case to determine whether the testimony...

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