BRYANT WALLS v. STATE OF MARYLAND
Court of Special Appeals, D Eyler, July 27, 2016,
Mistrial – Rejection of proposed instruction remedy does not waive right to appeal denial of mistrial unless instruction would have been curative.
Prosecutor misspoke once in opening that defendant would “testify” when he meant that the jury would hear the defendant’s taped confession. Defense rejected curative instruction and therefore no error in rejecting mistrial, but error held harmless anyway.
DHR form showing defendant lived at location the year prior was insufficient to generate jury instruction regarding burglary the next year
Jail call describing murders in detail and using his nicknames for others were circumstantial evidence that call made by defendant