Williams v. State, 416 Md. 670

Summary

The Court of Appeals of Maryland held that the State violated its discovery obligations by failing to disclose that a key deceased witness had described herself as legally blind. Because the witness's videotaped prior testimony was admitted at the defendant's second trial, the nondisclosure prejudiced the defendant's ability to challenge her observations. The court reversed the convictions and remanded for a new trial.

Holdings

1. Because the State disclosed the information before the second trial, the information was not suppressed for Brady purposes in that trial. Nevertheless, the State violated its independent discovery obligations under Maryland Rule 4-263 by failing to disclose the information within the time required by the Rule.
2. Although Williams had an opportunity to cross-examine O'Carroll at the first trial, that opportunity was not adequate for purposes of Maryland Rule 5-804(b)(1) because he did not know that she considered herself legally blind and therefore had no meaningful reason to question her visual perception.
3. The circuit court abused its discretion by admitting O'Carroll's entire videotaped testimony while allowing only supplemental evidence concerning her vision. The remedy did not mitigate the significant prejudice caused by the State's nondisclosure.
4. Dismissal of the indictment was not required because there was no Brady violation in the second trial; the Court therefore did not reach the question whether dismissal would have been an appropriate sanction.

Questions Presented

1. Whether the State's disclosure of O'Carroll's statement about her legal blindness before the second trial eliminated a Brady violation and whether the indictment should nevertheless have been dismissed.
2. Whether O'Carroll's prior recorded testimony was admissible under the former-testimony hearsay exception when Williams had not known at the first trial that she considered herself legally blind.
3. Whether the circuit court abused its discretion by permitting the entire videotaped testimony to be played and by allowing only supplemental evidence concerning O'Carroll's vision as a remedy for the discovery violation.

Disposition

reversed_and_remanded