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ADRIAN BROWN v. STATE OF MARYLAND

Criminal procedure — Motion to suppress evidence — Cell-phone recording

Adrian Brown, appellant, was charged, in the Circuit Court for Baltimore City, with first-degree murder, second-degree murder, use of a firearm in the commission of a felony or crime of violence, and possession of a firearm by a disqualified person. A jury convicted Brown of possession of a firearm and acquitted him of first-degree murder. The jury could not reach a verdict on the remaining charges. Brown was retried on those charges, and this time the jury convicted him of second-degree murder and use of a firearm in the commission of a felony or crime of violence. The court sentenced Brown to a term of 30 years’ imprisonment for second-degree murder, a consecutive term of twenty years’ imprisonment for use of a firearm in the commission of a felony or crime of violence, and a concurrent term of five years’ imprisonment for possession of a firearm by a disqualified person.

In this appeal, Brown raises two questions for our review: 1. Did the circuit court err in admitting, at both trials, a cell phone recording made weeks before the incident? 2. Did the circuit court err in permitting impermissible rebuttal argument by the prosecutor at the first trial?

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