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Sivells v. State
State: Maryland
Court: Court of Appeals
Docket No: 1480/09
Case Date: 12/02/2010
Preview:REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1480 September Term, 2009

BRYAN SIVELLS v. STATE OF MARYLAND

Matricciani, Graeff, Davis, Arrie W. (Retired, Specially Assigned), JJ. Opinion by Graeff, J. Filed: December 2, 2010

A jury sitting in the Circuit Court for Baltimore City convicted appellant, Bryan Sivells, of possession of cocaine. The court sentenced appellant to seven years imprisonment.1 Appellant presents three questions for our review, which we have rephrased: 1. Was the appellant denied a fair trial by the prosecutor's comments in rebuttal closing argument, where the prosecutor commented on the credibility of the State's witnesses? Did the trial court err in denying appellant's motion to suppress the cocaine found on appellant's person because the State did not have probable cause to arrest? Did the trial court err in admitting expert fingerprint testimony as rebuttal evidence?

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For the reasons set forth below, we hold that the prosecutor's statements in closing argument constituted reversible error. Accordingly, we shall reverse the judgment of the circuit court. FACTUAL AND PROCEDURAL BACKGROUND I. Suppression Hearing At approximately 10:45 p.m. on July 30, 2008, Detectives Thomas E. Wilson, III and Isaac Carrington responded to a complaint of narcotics activity at the corner of 20th and Boone Streets in Baltimore City. Detective Wilson, who was accepted as an expert in the

A person convicted of possession of cocaine "is subject to imprisonment not exceeding 4 years." Md. Code (2002),
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