HARRIS v. STATE

No. 9, Sept. Term, 2017.

182 A.3d 821 (2018)

458 Md. 370

Jerry HARRIS v. STATE of Maryland.

Court of Appeals of Maryland.

April 12, 2018.


Attorney(s) appearing for the Case

Argued by Anne K. Olesen , Assigned Public Defender ( Wyatt Feeler , Assigned Public Defender, George Washington University Community Legal Clinics of Washington, DC) on brief, for Petitioner.

Argued by Ryan R. Dietrich , Assistant Attorney General ( Brian E. Frosh , Attorney General of Maryland of Baltimore, MD) on brief, for Respondent.

Argued Before: Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.


In a criminal trial, the prosecutor asks the jury to draw various inferences from the evidence adverse to the defendant — the ultimate adverse inference being that the defendant is guilty as charged. In certain limited circumstances, one such adverse inference may be that the defendant's failure to call a witness peculiarly in...

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