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DIARE CALDWELL v. STATE OF MARYLAND

Criminal procedure — Motion to suppress evidence — Induced statement

After a rendezvous for a planned sale of narcotics led to the fatal shooting of the putative buyer, Diare Caldwell, appellant, was indicted in the Circuit Court for Prince George’s County and charged with first degree and second degree murder, armed robbery, conspiracy with Darin Moore to commit armed robbery, and use of a handgun in commission of a felony and/or crime of violence. Caldwell was tried by a jury and convicted of first degree felony murder and use of a handgun, but acquitted of armed robbery and conspiracy to commit armed robbery.

Caldwell was sentenced to life imprisonment for felony murder, with all but 30 years suspended, and a concurrent 20 years, with all but 13 years suspended, for use of a handgun, to be followed by 5 years of supervised probation. Caldwell timely appealed and presents the following questions for our review: 1. Did the court err in denying Appellant’s motion to suppress an induced statement? 2. Did the court improperly limit defense counsel’s cross-examination of Detective Talley? 3. Did the trial court err in admitting an impermissible out-of-court statement?

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