Wilfredo Rosales V. State of Maryland, No. 6, September Term, 2018
Wilfredo Rosales v. State of Maryland, No. 6, September Term, 2018. Opinion by Getty, J. APPEAL AND ERROR—EFFECT OF DELAY OR FAILURE TO TAKE PROCEEDINGS Maryland Rule 8-202, which requires that a notice of appeal shall be filed within thirty days after entry of the final judgment is a claim-processing rule, not jurisdictional. Therefore, the ground for dismissal of an untimely appeal is not jurisdictional, but is for failure to comply with the Maryland Rules. The Rule is also subject to waiver and forfeiture. EVIDENCE—IMPEACHMENT BY PRIOR CONVICTION—PRIOR CRIMES, WRONGS OR ACTS Pursuant to Maryland Rule 5-609, a witness’ prior convictions under Violent Crimes in Aid of Racketeering Activity, 18 U.S.C. § 1959 are admissible for witness impeachment. VICAR convictions involve criminal acts that are relevant to a witness’ credibility. Therefore, the convictions are admissible for purposes of witness impeachment. Circuit Court for Prince George’s County Case No. CT121814X Argued: September 7, 2018 IN THE COURT OF APPEALS OF MARYLAND No. 6 September Term, 2018 WILFREDO ROSALES v. STATE OF MARYLAND Barbera, C.J. Greene, *Adkins, McDonald, Watts, Hotten, Getty, JJ. Opinion by Getty, J. Filed: April 17, 2019 *Adkins, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the MD. Constitution, Article IV, Section 3A, she also participated in the decision and adoption of this opinion. In this case we are asked to determine whether a witness’ prior convictions for committing a violent crime in aid of racketeering in violation of 18 U.S.C.
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