Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement

by Sam Rutherford

The Supreme Court of Maryland clarified the process a trial court must follow when determining whether statements made by a non-testifying co-conspirator defendant during a lengthy police interview are admissible as statements against penal interest at the trial of a co-defendant. The Court clarified that the duty …