Please ensure Javascript is enabled for purposes of website accessibility


Criminal law — Sufficiency of the evidence — Second-degree assault

Appellant, Nahvarj Ellijah Ray Mills, was indicted in the Circuit Court for Charles County, Maryland, and charged with second-degree rape and second-degree assault. A jury acquitted him of the rape count, but convicted him of second-degree assault.

After appellant was sentenced to ten years, with all but eight years suspended, he timely appealed and asks the following questions: I. Was the evidence sufficient to sustain a conviction for second-degree assault? II. Did the trial court abuse its discretion in admitting and playing for the jury a recording of a police interview that included inadmissible and prejudicial material? III. Did the lower court abuse its discretion in failing to permit defense counsel to introduce documents to impeach the alleged victim’s credibility? IV. Does a sentence of 10 years with all but 8 years suspended for second degree assault amount to cruel and unusual punishment under the facts of this case?

Read the opinion here: