Limits On the Defendant's Right To Compel Witnesses & Evidence

• Jurisdiction: Maryland

IV. Limits on the defendant's right to compel witnesses & evidence

A. Cumulative evidence

The trial court has discretion to limit the defendant's presentation of evidence that is cumulative. Campbell v. State, 373 Md. 637, 671-72 (2003).

B. No evidence that is incompetent or inadmissible

The defendant may not present evidence that is incompetent, or inadmissible. Kelly, 392 Md. at 549-50.

In Randolph v. State, 193 Md. App. 122, 155 (2010), the Court of Special Appeals held that it is not a denial of the right to compulsory process to prohibit a witness who would not provide material evidence. See also Wilson, 345 Md. at 448 (no right to introduce inadmissible evidence).

In White v. State, 89 Md. App. 590 (1991), the Court of Special Appeals held: "A Defendant's right to compulsory process is not infringed if the witness will not offer competent or material evidence." Id. at 602 (citing Darby v. State, 47 Md. App. 1, 4 (1980)). The trial court determines whether a witness is competent to testify and, if competent, the scope of direct and cross-examination. See Void, 325 Md. at 393-95.

C. Heightened scrutiny regarding privileged or confidential information

In Zaal v. State, 326 Md. 54 (1992), the trial court quashed a defense subpoena requesting the child victim's confidential education records. The Court of Appeals held that the defendant made a nominal showing of relevancy to establish the need to inspect confidential education records. The Court...