1943/25•Allison, Randy Scott v. State
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Circuit Court for Allegany County Case No. C-01-CR-24-000597 This is a per curiam opinion. Under Rule 1-104, the opinion is not precedent within the rule of stare decisis nor may it be cited as persuasive authority. UNREPORTED IN THE APPELLATE COURT OF MARYLAND No. 1943 September Term, 2025 ______________________________________ RANDY SCOTT ALLISON v. STATE OF MARYLAND ______________________________________ Graeff, Ripken, Eyler, Deborah S. (Senior Judge, Specially Assigned), JJ. ______________________________________ PER CURIAM ______________________________________ Filed: October 16, 2026
‒Unreported Opinion‒ Following a jury trial in the Circuit Court for Allegany County, Randy Scott Allison, appellant, was convicted of distribution of a controlled dangerous substance (CDS), possession with intent to distribute CDS, and possession of CDS. He raises a single issue on appeal: whether the trial court abused its discretion in admitting video tapes of the alleged drug transaction between himself and a confidential informant because they were not properly authenticated. For the reasons that follow, we shall affirm. At trial, the State sought to admit video recordings of a hand-to-hand drug transaction between appellant and a confidential informant in the parking lot of a Love’s Truck Stop. Trooper Justin Mallow testified that he had provided the informant with two cameras to record the encounter, one mounted on his car windshield and one on a cell phone. Neither camera could be turned on or off by the informant. Trooper Mallow was in a separate car in the parking lot and testified that after he turned the cameras on, he watched a live video feed of the entire transaction that was being recorded on one of the cameras. After the drug buy concluded, Trooper Mallow took the recording equipment from the cameras, downloaded the SD cards, and stored their contents on a secure Google drive that only people in his unit could access. He also reviewed the entirety of the video footage and confirmed that it was a true and accurate version of what he had observed on the day of the incident and that it had not been altered in any way. In addition to watching the live video feed, Trooper Mallow also took pictures of appellant walking toward the informant’s car with what appeared to be cocaine in his hand, getting into appellant’s car, and then exiting appellant’s car with what appeared to be cash in his hand.
‒Unreported Opinion‒ 2 On appeal, appellant contends that the trial court abused its discretion in admitting the video recordings of the drug transaction because they were not properly authenticated under Md. Rule 5-901. Specifically, he asserts that, without testimony from the confidential informant, Trooper Mallow did not have sufficient personal knowledge of the events to authenticate the videos, because he “did not have actual knowledge of what transpired in real life, only what he saw on the video tape[.]” However, appellant did not raise this contention in the circuit court. Defense counsel initially stated that he was objecting because Trooper Mallow’s police report had not mentioned him viewing the video in real time, and therefore that his testimony in that regard was a “very convenient” way for the State to avoid calling the confidential informant to testify. The State then began to make an argument regarding authentication. However, defense counsel interjected and specifically informed the court that appellant was not objecting on the grounds that the videos were improperly authenticated. Rather, counsel indicated that he was challenging Trooper Mallow’s credibility because he was “only telling us now that [the videos were] a fair and accurate representation of what happened on that day.” Maryland’s appellate courts ordinarily will not consider “any issue ‘unless it plainly appears by the record to have been raised in or decided by the trial court.’” King v. State, 434 Md. 472, 479 (2013) (quoting Md. Rule 8-131(a)). And it is generally “well-settled that when specific grounds are given at trial for an objection, the party objecting will be held to those grounds and ordinarily waives any grounds not specified that are later raised on appeal.” Klauenberg v. State, 355 Md. 528, 541 (1999); see also Gutierrez v. State, 423 Md. 476, 488 (2011) (reiterating that “when an objector sets forth the specific grounds for
‒Unreported Opinion‒ 3 his objection . . . the objector will be bound by those grounds and will ordinarily be deemed to have waived other grounds not specified”) (quotation marks and citation omitted). Moreover, “[a] party must bring his argument to the attention of the trial court with enough particularity that the court is aware first, that there is an issue before it, and secondly, what the parameters of the issue are.” Harmony v. State, 88 Md. App. 306, 317 (1991). Here, appellant not only failed to challenge the authenticity of the video recordings in the circuit court, but also he waived the issue by specifically telling the court that he was objecting to the admission of the videos on different grounds. Consequently, appellant’s claim is not preserved for appellate review. Acknowledging that we might find his argument to be unpreserved, appellant alternatively asked us to engage in plain error review of this issue. Although this Court has discretion to review unpreserved errors pursuant to Maryland Rule 8-131(a), the Supreme Court of Maryland has emphasized that appellate courts should “rarely exercise” that discretion because “considerations of both fairness and judicial efficiency ordinarily require that all challenges that a party desires to make to a trial court’s ruling, action, or conduct be presented in the first instance to the trial court[.]” Ray v. State, 435 Md. 1, 23 (2013) (quotation marks and citation omitted). Therefore, plain error review “is reserved for those errors that are compelling, extraordinary, exceptional or fundamental to assure the defendant of a fair trial.” Savoy v. State, 218 Md. App. 130, 145 (2014) (quotation marks and citation omitted). Under the circumstances presented, we decline to overlook the lack of preservation and thus do not exercise our discretion to engage in plain error review of this issue. See Morris v. State, 153 Md. App. 480, 506-07 (2003) (noting that
‒Unreported Opinion‒ 4 the five words, “[w]e decline to do so[,]” are “all that need be said, for the exercise of our unfettered discretion in not taking notice of plain error requires neither justification nor explanation” (emphasis omitted)). Consequently, we shall affirm the judgments. 1 JUDGMENTS OF THE CIRCUIT COURT FOR ALLEGANY COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT. 1 We note that even if the issue had been preserved appellant’s claim lacks merit as Trooper Mallow’s testimony was sufficient to authenticate the videos under either the pictorial testimony method or the circumstantial evidence method.
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