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THOMAS v. STATE

No. 127, September Term, 2011.

55 A.3d 10 (2012)

429 Md. 85

Kenneth THOMAS v. STATE of Maryland.

Court of Appeals of Maryland.

October 22, 2012.

Attorney(s) appearing for the Case

Ben Miller , Asst. Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for petitioner.

James E. Williams , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.

GREENE, J.

This case involves two legal questions: (1) whether prior consistent statements are admissible under Maryland Rule 5-802.1(b) if the declarant had multiple reasons to fabricate the statements and the statements predated at least one of the declarant's motives to fabricate; and, (2) whether statements relied upon at trial as substantive evidence, nonetheless, are admissible under Maryland Rule 5-616(c) to rehabilitate...

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