Rule 5-702. Testimony By Experts
Expert testimony may be admitted, in the form of an opinion or otherwise, if the court determines that the testimony will assist the trier of fact to understand the evidence or to determine a fact in issue. In making that determination, the court shall determine (1) whether the witness is qualified as an expert by knowledge,
skill, experience, training, or education, (2) the appropriateness of the expert testimony on the particular subject, and (3) whether a sufficient factual basis exists to support the expert testimony.
-generally a gang expert’s testimony is relevant and not unduly prejudicial when other evidence demonstrates that the crime was gang related
-the threshold requirement for admissibility of gang expert testimony is fact evidence showing that the crime was gang related
-proof of such a link transforms a defendant’s gang membership, current or prospective, form an impermissible prior bad act to a concrete component of the crime for which the defendant is on trial….this requirement may be satisfied by fact evidence that, at first glance, may not indicate gang motivations, but when coupled with expert testimony, provides the gang crime connection; Gutierrez, 423 Md. 476