SMILEY v. STATE

No. 2237, Sept. Term, 2012.

84 A.3d 190 (2014)

216 Md. App. 1

Marcus Lee SMILEY v. STATE of Maryland.

Court of Special Appeals of Maryland.

January 29, 2014.


Attorney(s) appearing for the Case

Marc A. DeSimone, Jr. ( Paul B. DeWolfe , Public Defender, on the brief), for Appellant.

Cathleen C. Brockmeyer ( Douglas F. Gansler , Attorney General, on the brief), Baltimore, MD, for Appellee.

Panel: KRAUSER, C.J., MATRICCIANI, CHARLES E. MOYLAN JR. (Retired, Specially Assigned), JJ.


MOYLAN, J.

Forfeiture by wrongdoing is a recent and, indeed, incongruous recruit to the ranks of the hearsay exceptions. Its energizing focus is not on the inherent trustworthiness of the hearsay declarant but on the inherent skulduggery of the hearsay opponent.

An Enigmatic Factual Background

The appellant, Marcus Lee Smiley, was convicted in the Circuit Court for Wicomico County by a jury, presided over by Judge D. William Simpson, of the attempted...

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