Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-1004
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-1004
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) “Medical examiner’s case” has the meaning stated in § 5-301(c) of the Health – General Article.
(3) “Mortician” has the meaning stated in § 7-101(s) of the Health Occupations Article.
(b) (1) In a criminal proceeding for a death which is a medical examiner’s case, the chain of physical custody and control may be established by a signed statement by the mortician, or the mortician’s agent, servant, or employee, who transported the body to the medical examiner’s office, without the necessity of the personal appearance in court by the person who signed the statement.
(2) The statement shall contain:
(i) A description of the initial condition of the body when it was taken into custody by the mortician or the mortician’s agent, servant, or employee;
(ii) A statement that the body was delivered to the medical examiner on a certain date on or about a certain time; and
(iii) A statement that the body was in essentially the same condition when delivered to the medical examiner as when it was taken into custody.
(3) A statement is prima facie evidence of the facts stated.
(c) (1) If the State intends to offer the statement without the testimony of the mortician, or the mortician’s agent, servant, or employee, the State shall, at least 25 days before trial, give the defendant or the defendant’s attorney notice of its intention and deliver a copy of the statement.
(2) If the defendant desires that the mortician or the mortician’s agent, servant, or employee, be present and testify at trial, the defendant shall notify the State at least 15 days before trial. If a timely notice is given, the statement is inadmissible without the testimony of the mortician, or the mortician’s agent, servant, or employee.
(d) Nothing in this section precludes the right of a party to introduce any evidence supporting or contradicting the evidence contained in the statement.