LARRY JACKSON v. STATE OF MARYLAND
Court of Special Appeals, Woodward, Oct. 26, 2016,
Evidence – Evidence of past history of domestic violence with the victim was properly admitted to show motive: exertion of control over the victim through violence.

Facts: Following a 2014 birthday party for his girlfriend’s step-father on McCulloh St. in the Central District, Jackson choked his girlfriend. The girlfriend went and told her step-father, who confronted Jackson. After the step-father struck Jackson, Jackson pulled out a handgun and fired it into the ceiling.
P/o Joseph Banks Jr., Det. Valencia Vaughn, Tech. Tassew Mekuria, and Firearms Examiner Christopher Faber were all involved in the ensuing investigation and trial.
Evidence – Evidence of “other crimes” than the one being charged is not generally admissible to show evidence of a person’s character (that they were more likely to have committed the crime because that’s the type of person they were)
Evidence – In order to admit “other crimes” into evidence, it must be shown:
– That the evidence fits into a list of exceptions (listed in Rule 5-404(b)):
o Motive
o Knowledge
o Absence of Mistake
o Etc
– That there is “clear and convincing evidence” of the other crime
– If the evidence’s value in the case outweighs the undue prejudice to the defendant that would come from it being admitted
Sentencing – A sentencing judge may properly consider uncharged or untried offenses.
Sentencing- A sentencing judge may also consider circumstances surrounding an acquittal.