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Conviction affirmed where the prosecutor’s question “strayed from the track” established by MRE/FRE 5-704(b), but the witness’s answer did not

Dec 18, 2009 Conviction affirmed where the prosecutor’s question “strayed from the track” established by MRE/FRE 5-704(b), but the witness’s answer did not

Fewer prosecutors would play fast and loose with rules of evidence if they saw appellate courts more frequently give appellate relief for such transgressions. In that regard, unfortunately Maryland’s Court of Appeals today affirmed a PCP with intent to distribute conviction, acknowledging that the prosecutor’s question to its police drug sale "expert witness" “strayed from the track” established by MRE/FRE 5-704(b), but the witness’s answer did not. Gauvin v. Maryland, ___ Md. ___ (Dec. 18, 2009).

Thanks to Chief Judge Bell, joined by Judge Greene, for dissenting.

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