State v. Young

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At issue was whether, at a criminal trial on drug charges, the introduction of valid prescriptions for controlled substances are barred by the rule against hearsay or if, instead, they are non-hearsay and admissible as a “verbal act.”The circuit court in this case granted the State’s motion to suppress introduction of any supposed prescriptions for controlled substances on hearsay grounds. The Court of Special Appeals reversed each of Defendant's convictions except for his two convictions for possession of heroin and possession with intent to distribute heroin on the basis that “[v]alid prescriptions provide the basis of a statutory defense to the charges for possession of and possession with intent to distribute methadone, alprazolam, and oxycodone.” The Court of Appeals affirmed, holding that evidence of a valid prescription can fall under the category of “verbal acts,” admissible not for the truth of the matter asserted but as the basis of a statutory defense under Md. Code Ann. Crim. Law 5-601(a) and 602(2). View "State v. Young" on Justia Law