State v. Rodgers

Decision Date28 April 2022
Docket Number67, Sept. Term, 2021
Parties STATE of Maryland v. De'Shon C. RODGERS
CourtCourt of Special Appeals of Maryland

Submitted by Derek Simmonsen, Asst. Atty. Gen. (Brian E. Frosh, Atty. Gen. of Maryland, Baltimore, MD)

Submitted by Harmon L. Cooper, Assigned Public Defender (Crowell & Moring LLP, Washington, DC; Brian L. Zavin, Public Defender of Maryland, Baltimore, MD.

Submitted before: Fader, C.J. Watts, Hotten, Booth, Biran, Gould, Eaves, JJ.

PER CURIAM ORDER

The Court having considered and granted the petition for a writ of certiorari in the above-captioned case, it is this 28th day of April, 2022

ORDERED, by the Court of Appeals of Maryland, that the judgment of the Court of Special Appeals is vacated and the case is remanded to that Court to consider whether or not the holding in Lopez-Villa v. State , No. 22 (September Term, 2021) should be applied in this case and, if so, to reconsider its prior opinion concerning whether the trial court erred in not asking requested voir dire question(s); and it is further

ORDERED, that the case is remanded to the Court of Special Appeals for consideration and resolution of the remaining two issues raised on brief by Respondent, De'Shon C. Rodgers, before that Court, namely:

Did the trial court err by permitting Officer Brian H. Carver to offer expert testimony about Rodgers’ actions in an aerial video without being qualified as an expert witness?
Did the trial court err by preventing defense counsel from cross-examining Officer Alexander A. Pearson about his failure to comply with department policy that required him to file a complaint against Officer First Class Thorne A. Allen for use of excessive force?

and it is further

ORDERED, that costs are to be paid by Respondent.

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2 cases
  • Rodgers v. State
    • United States
    • Court of Special Appeals of Maryland
    • November 14, 2022
    ...this case and, if so, to reconsider its prior opinion concerning whether the trial court erred in not asking requested voir dire questions[.]" Id. Further, the ordered that the case be remanded "for consideration and resolution of the remaining two issues raised on brief by Respondent, De'S......
  • Rodgers v. State
    • United States
    • Court of Special Appeals of Maryland
    • November 14, 2022
    ...this case and, if so, to reconsider its prior opinion concerning whether the trial court erred in not asking requested voir dire questions[.]" Id. Further, the ordered that the case be remanded "for consideration and resolution of the remaining two issues raised on brief by Respondent, De'S......

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