STODDARD v. STATE

No. 70 September Term, 2004.

887 A.2d 564 (2005)

389 Md. 681

Erik STODDARD v. STATE of Maryland.

Court of Appeals of Maryland.

December 8, 2005.


Attorney(s) appearing for the Case

Eve L. Brensike, Assistant Public Defender (Nancy S. Forster, Public Defender, on brief), Baltimore, for petitioner.

Sarah Page Pritzlaff, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.


RAKER, J.

Erik Stoddard was convicted of second degree murder and child abuse resulting in death. The primary question we must answer in this case is whether the trial court erred in admitting testimony recounting an out-of-court utterance allegedly made by a non-testifying eighteen month old child to the effect of "is Erik going to get me?" The State offered this utterance as evidence that the child had witnessed Stoddard commit the murder. The case requires us to...

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