Md. Court of Special Appeals Rules Judge May Tell Jury When Evidence Is Not Required

Summary

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A Baltimore judge was correct to tell a jury that the state was not required to present evidence that the defense had called for during the trial of a man subsequently convicted of selling heroin, the Court of Special Appeals has held.

The controversial supplemental instruction - "there is no legal requirement that the State utilize any specific investigative technique or scientific test to prove its case" - was appropriate in light of the defense attorney's focus on the lack of police video or audiotape documenting the "buy-bust" drug sting, the appellate court found Thursday.

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Md. Court of Special Appeals Rules Judge May Tell Jury When Evidence Is Not Required

Though the instruction question was not preserved for appeal, the court addressed its propriety anyway, becoming the first state appellate court to do so.

"The jury instruction given was a correct statement of...

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