DONTAE PRESTON v. STATE OF MARYLAND
Court of Appeals, Harrell, Filed 2015,
Jury Instruction – “Reasonable” protective housing does not constitute a “benefit” within the meaning of Jury Instruction 3:13
Jury Instructions – A trial court must give a jury instruction requested by a party where:
– The instruction must state correctly the law,
– The instruction must apply to the facts of the case (e.g., be generated by some evidence),
– and the content of the jury instruction must not be covered fairly in a given instruction.
Witness Protection – “‘[R]easonable’ protective housing implies that there is some rough correlation between a witness’s ordinary living arrangements and those provided to a
witness while they are in protective housing.”