You work for a defense attorney who represents the defendant, Mr. X. He has been charged with Child Sexual Abuse of his stepdaughter. The attorney has you review the discovery packet from the State: which includes police reports, medical records, and interviews of the victim and her mother. You learn the following: Mr. X was married to Peggy 5 years ago. During the marriage Peggy's daughter Sue (age 13 at the time) lived with them. A year ago after Peggy and X separated, Sue told her mom that Mr. X had patted her in her buttocks over her clothes several times. Peggy took Sue to the police to report what Mr. X had done to Sue 3 to 4 years prior. Sue is now 16 years old. The police took her to the hospital, where a Forensic Examiner (who is a nurse who specializes in examining victims of sexual assault and abuse) performed an exam on Sue. During the exam and as part of the police investigation, the Forensic Examiner asked Sue who had hurt her. Sue said it was Mr. X

1. You learn that the State intends to put the statements of what Sue said to the Forensic Examiner into evidence at trial. As the lead paralegal for Mr. X's attorney you have been tasked with drafting a motion to preclude the State from introducing Sue's statements to the Forensic Examiner. What case law (State and Supreme Court) and constitutional provisions (Federal and Maryland) would you rely on? (2 points) (give me at least 1 case and one constitutional section.)

1. You learn that the State also intends on calling a social worker who also interviewed Sue. The State provides your attorney with notice that the social worker Mary M. will testify as to her interview of Sue and will testify as to all of the statements Sue gave her. The State plans on admitting those statements for the truth and as substantive evidence (evidence used against the Defendant). In the notice, the State indicates that Sue (age now 11  years old) and might not be testifying at trial so they plan on using her statements to Mary M. pursuant to Maryland Criminal Procedure Rule 11-304. Your attorney asks you to review the statute and list out the elements of the statute and give a brief summary on whether Sue's statements to Mary M. will be admissible at trial if Sue does not testify. 

1. Assuming Sue does testify, what will the court have to consider on trustworthiness to allow her statements to Mary M. to come in as substantive evidence under 11-304? 

1. In reviewing the discovery, you see that there was DNA testing done on a piece of Sue's clothing (a pair of pants) for touch DNA. The State asked the police crime laboratory to test the pants to see if there were any DNA profiles on the back of the pants foreign to the DNA of Sue. In the discovery packet you see a report from the Crime Laboratory from Ms. Scientist that states that there was a male profile found on the pants foreign to Sue. That profile is compared to a buccal sample (swab in the mouth) of Mr. X and in fact it is his DNA on the pants.  You do not see any laboratory notes, data, or anything else in the discovery packet except for the report. Has the State violated Maryland Rule 4-263? 

1. Your attorney tells you that the trial date is set in 20 days. The State just faxed a letter over to your office as notice that the State intends on calling Dr. Scientist as an expert in DNA analysis and that she will be testifying that the touch DNA on Sue's pants is in fact the Defendant's? You have been tasked at determining whether the State has violated the discovery rules under Maryland Rule 4-263? If, you determine the State has violated the discovery rules what recommendation will you give to the attorney as to how to proceed? Are there sanctions under this Rule that the Court could impose? If so, what are those?

1. The State has just sent over a plea offer to your client to plead guilty to a second degree assault with a 20-year cap on jail. Your attorney has asked you to look up the criminal statute (Maryland) to determine what is the maximum penalty, what do you find? 

1. Mr. X was interviewed by the local police department about his conduct towards Sue. At the time of his statement Mr. X was interviewed in a police interrogation room after having been arrested. The police told Mr. X that he did not need an attorney for this part of the process and that all they wanted to know was what had happened between Mr. X and Sue. What if any constitutional rights are involved in this stage and please give me a Supreme Court case name and citation that would address this situation? 

1. Mr. X turns down the State's plea offer and goes to trial. After a 4 day jury trial in the Circuit Court, Mr. X is found guilty of second degree assault. You work for Mr. X's attorney. The attorney asks you to research under Maryland Rules what is the time period within which a Motion for New Trial must be filed with the court? 

1. Sue's mother would like to give a victim impact statement on behalf of Sue. Under Maryland Criminal Procedure 11-403 can Sue's mother give an in court impact statement? 

1. Sue's mother is seeking restitution from Mr. X for medical bills for the therapy that Sue has received since she disclosed the touching. Under Maryland Criminal Procedure 11-603 what are the conditions for judgment of restitution? Would therapy bills be included?