Supreme Court of Maryland

State of Maryland v. William Dunlock Bryant

November 14, 2000361 Md. 420

Summary

The court affirmed the intermediate appellate court's reversal of Bryant's convictions for homicide by motor vehicle while under the influence of alcohol and driving under the influence of alcohol. It held that the toxicology report was not properly authenticated either through the hospital custodian's certification under the self-authentication rule or through the testimony offered at trial, and that the State failed to prove the error harmless beyond a reasonable doubt. The court did not decide whether the report was otherwise pathologically germane to Bryant's treatment or whether its admission violated confrontation rights.

Holding

  • Self-authentication of the toxicology report. The custodian's cover letter did not satisfy Rule 5-902(a)(11) because it was not a written declaration under oath subject to the penalty of perjury and did not certify that the report was made at or near the relevant time by a person with knowledge or that it was regularly made and kept as part of the business activity.
  • Extrinsic authentication under the business-records exception. The State also failed to authenticate the toxicology report through extrinsic evidence because the testimony offered did not establish that the report was made at or near the time of the tests or by a person with knowledge.
  • Harmlessness of the evidentiary error. The admission of the toxicology report was not harmless beyond a reasonable doubt.

Docket 16, Sept. Term, 2000

Cited authorities

  • Rule 902(11)
  • Rule 803(b)(6)
  • Rule 803(6)
  • Rule 803(6)
  • Rule 803(b)(6)
  • 18 U.S.C. § 3505
  • Fed. R. Evid. 803(6)

Cited by

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