Case Conclusion Date:June 2, 2011
Practice Area:Criminal Defense
Description:On June 2, 2011, the Court of Special Appeals of Maryland reversed and vacated the wrongful conviction of our client for statutory rape. The Court of Special Appeals remanded this matter to the Circuit Court for Charles County for further proceedings consistent with their ruling. The opinion of the Court of Special Appeals decided two unique issues in vacating the judgment: 1. The Court erred by failing to allow cross examination of the alleged victim and the sexual assault (SANE) nurse as to prior acts of intercourse by the victim which might have explained the alleged hymen tear allegedly seen by the sexual assault nurse, but unverified by confirming photographs taken shortly after the incident in question. 2. The trial court erred by failing to declare a mistrial or instruct the jury as to improper closing arguments made by the prosecutor.