Hello myjeep16-ga,
As noted in my request for clarification, I cannot provide a lawyer's
answer, but rather only the answer of a general researcher. You might
want to discuss the information in this answer with a lawyer, to get
the lawyer's professional opinion.
There is a Maryland rule that seems to regulate the kind of subpoena
described in your question:
"On motion of a party, the circuit court may order the issuance of a
subpoena commanding a person to produce for inspection and copying at
a specified time and place before trial designated documents,
recordings, photographs, or other tangible things, not privileged,
which may constitute or contain evidence relevant to the action. Any
response to the motion shall be filed within five days."
"Rule 4-264. Subpoena for tangible evidence before trial in circuit
court."
Maryland Rules: Title 4: Criminal Causes
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/8f9/981/b39?f=templates&fn=document-frame.htm&2.0#JD_mr-4-264
This rules refers to items that are "not privileged, which may
constitute or contain evidence relevant to the action." A lawyer,
with professional knowledge of the law and superior knowledge of the
facts of the case, might explain how these standards apply in this
case.
It appears that other rules on subpoenas might be pertinent:
"Rule 4-265. Subpoena for hearing or trial."
Maryland Rules: Title 4: Criminal Causes
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/8f9/981/b3c?f=templates&fn=document-frame.htm&2.0#JD_mr-4-265
"Rule 4-266. Subpoenas - Generally."
Maryland Rules: Title 4: Criminal Causes
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/8f9/981/b41?f=templates&fn=document-frame.htm&2.0#JD_mr-4-266
The foregoing material concerns subpoenas. You have also asked about
chain of custody. A recent Maryland case states that:
"the test for establishing chain of custody [is] that 'there exists
the "reasonable probability that no tampering occurred."' Hawkins v.
State, 77 Md. App. 338, 347 (1988)."
"Michael Pollock v. Patuxent Institution Board of Review" (September
3, 2002) [page 28 (which is the 29th page of the PDF file)]
Court of Special Appeals of Maryland
Maryland Judiciary
http://www.courts.state.md.us/opinions/cosa/2002/1030s01.pdf
This case (on pages 24-28) discusses an unsuccessful challenge to the
chain of custody. Presumably, some cases present more serious
problems. Again, you should ask a lawyer for a professional opinion
about the law and its application to this case. (Your lawyer will
also have access to other legal materials, such as the Hawkins v.
State case cited in the Pollock opinion, which is too old to be
available for free online.)
I hope that this information is helpful.
- justaskscott-ga
Search strategy:
Searched for databases of Maryland laws and cases.
Searched in database of Maryland laws for:
subpoena
Searched in database of Maryland cases for:
"chain of custody"
[I tried other searches as well, but the searches I have mentioned
resulted in the pages I have cited.] |
