Please ensure Javascript is enabled for purposes of website accessibility

JAMES McALLISTER v. STATE OF MARYLAND

Criminal procedure — Motion to suppress evidence — Prior bad acts

James McAllister was charged on September 4, 2014 with first degree rape, second degree rape, first degree assault, and second degree assault of girlfriend Marjorie Athias. The events occurred on July 23, 2014 in Athias’ home. McAllister was tried on May 13, 2015 in the Circuit Court for Montgomery County. After a three-day jury trial he was found guilty of second degree assault and acquitted of the other charges. McAllister was sentenced to six years with all but four years suspended.

His timely appeal followed, and presents two questions, rephrased for clarity:

1. Did the trial court err by denying McAllister’s Motion to Dismiss for Lack of Speedy Trial?

2. Did the trial court err upon admitting evidence of prior bad acts of McAllister?

Read the opinion here: