Please ensure Javascript is enabled for purposes of website accessibility

EDWARD WITHERSPOON v. STATE OF MARYLAND

Criminal procedure — Hearsay — Sexual-assault exception

A Howard County jury found appellant Edward Witherspoon guilty of second-degree assault, but could not reach a verdict on charges of second-degree rape and third-degree sexual offense. The circuit court sentenced Witherspoon to incarceration for a term of 10 years, to be served consecutively to any sentences imposed against him for other offenses that he may have committed. This timely appeal followed.

The sole question presented is whether the trial court erred in admitting the testimony of four witnesses under Md. Rule 5-802.1(d), the hearsay exception for prompt complaints of sexually assaultive behavior.

Read the opinion