Joseph Michael Jones v. State of Maryland, 410 Md. 681

Summary

The Maryland Court of Appeals considered whether a six-year-old alleged victim was competent to testify and whether the victim’s recorded statement to a social worker was admissible. The court held that the trial court did not abuse its discretion in finding the child competent or in determining that the statement had particularized guarantees of trustworthiness. The court affirmed the judgment of the Court of Special Appeals.

Holdings

1. The trial court did not clearly err in finding Justin competent to testify because the record supported findings that he possessed sufficient capacities for observation, recollection, and communication and understood his obligation to tell the truth.
2. The trial court properly admitted the audiotape after complying with the statute's foundational requirements and finding on the record that the statement contained particularized guarantees of trustworthiness.
3. Jones was not entitled to a new trial because his counsel did not request that Justin be recalled after the audiotape was admitted and played.

Questions Presented

1. Whether the trial court erred by finding the six-year-old alleged victim competent to testify despite errors and inconsistencies during the competency examination.
2. Whether the trial court erred by admitting the alleged victim's audiotaped statement to a social worker under Criminal Procedure § 11-304.
3. Whether the trial court was required to sua sponte recall the child for additional cross-examination after the audiotape was admitted and played.

Disposition

affirmed