# Brooks v. State

> Court of Appeals of Maryland · August 27, 2014 · 439 Md. 698

URL: https://www.frixlaw.com/law-library/cases/9803099

## Case

- **Full name:** Wardell Monroe BROOKS v. STATE of Maryland
- **Court:** Court of Appeals of Maryland
- **Decided:** August 27, 2014
- **Citations:** 439 Md. 698; 98 A.3d 236; 2014 Md. LEXIS 537
- **Precedential status:** Published
- **Opinion:** Concurrence by Adkins
- **Judges:** Barbera, Harrell, Battaglia, Greene, Adkins, McDonald, Watts
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9803099

## How later opinions describe it (automated extraction)

- stating that the third requirement was met when a witness “denied having made the allegedly inconsistent portion of the statement”

## Opinion text

ADKINS, J.,
concurring.
I agree with the Majority opinion, except with respect to its finding no error in the trial court’s failure to strike Nurse Harden’s response to the prosecutor’s question, indicating she could verify the victim’s accounting of the events that transpired.
I agree with Judge Harrell’s dissenting opinion when he concludes that refusing to strike this testimony was error by the trial court. I disagree, though, with Judge’s Harrell’s conclusion that this error was prejudicial. In my opinion, there was sufficient corroborating evidence to render this error harmless. Such evidence includes the police officer’s testimony about his arrival at the victim’s house, Nurse Harden’s non-objectionable testimony about the significant physical injury to the victim, and the photographs of the victim taken at the time of the crime. I agree with Judge McDonald’s analysis when he concludes that if there were error, it was harmless.
Accordingly, I join in the judgment of the Majority, and some of its rationale, but not its failure to strike Nurse Harden’s response as described above.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9803099. Public record. Not legal advice.