HOLMES v. STATE

No. 2575, Sept. Term, 2016.

182 A.3d 341 (2018)

236 Md. App. 636

Cloyd James HOLMES v. STATE of Maryland.

Court of Special Appeals of Maryland.

April 5, 2018.


Attorney(s) appearing for the Case

Submitted by: Michael T. Torres ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for Appellant.

Submitted by: Peter R. Naugle ( Brian E. Frosh , Atty. Gen., on the brief), Baltimore, MD, for Appellee.

Panel: Deborah S. Eyler, Paul E. Graeff Alpert (Senior Judge, Specially Assigned), JJ.


In this appeal, we consider whether a parent's surreptitious use of her cell phone to record a face-to-face conversation with her child may be used as evidence in a criminal trial of a third party. We shall hold that in the circumstances presented here, the recording was prohibited under the Maryland Wiretap Act, Md. Code (2013 Repl....

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