BALDEO TANEJA v. STATE OF MARYLAND
Court of Special Appeals, Sharer, Nov. 30, 2016,
Witness Testimony – “Alternative Suspect” – No abuse of discretion where the court refused to allow a defense witness to testify where the witness was the co-defendant’s son and the defendant wanted to present him as an alternative suspect without a factual basis.

Facts: Defendant’s ex-wife was shot to death in Germantown. Murder weapon found in defendant’s car along with the victim’s address and a note that said “No brass, no evidence.” The defendant was months behind in alimony, but had just agreed to pay the full amount “within 90 days.”

Right to Compel Witnesses – A defendant has the right to present witnesses and compel their presence.
Right to Present Evidence – Evidence must be relevant and not unfairly prejudicial in order to be admitted
Relevance – “Relevant evidence” is defined as “having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”
Excluding Evidence – Even relevant evidence, however, may be excluded “if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”

Right to Present Evidence – A defendant has the right to present evidence without clearing each piece with the court. However, where an issue comes to the court’s attention the court is under no obligation to ignore it and allow incompetent/prejudicial evidence into a case.