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MARTIN McCLAIN A/K/A MARTIN McLAIN v. STATE OF MARYLAND

Martin McClain a/k/a Martin McLain, (hereinafter “McClain”) was charged in the Circuit Court for Baltimore City with possession of heroin and possession of heroin with intent to distribute. On November 6-7, 2013, McClain was tried by a Baltimore City jury, which convicted him of both charges. The court merged the convictions and sentenced McClain to 15 years’ incarceration for possession with intent to distribute heroin.

In this appeal, McClain presents the following questions:

1. Did the court abuse its discretion by qualifying a police officer as an expert in CDS identification, packaging, and sales when the officer had undergone no special training in that field and had never testified before as an expert?

2. Did the court plainly err by instructing the jury on “believable doubt” rather than reasonable doubt?

Read the unreported opinion.