Summary
ordering the Court of Special Appeals to vacate and remand to the circuit court "to determine whether Respondent waived any claim under Unger v. State, 247 Md. 383, given that Respondent's trial occurred after [the Court of Appeals] issued its opinion in Stevenson v. State, 289 Md. 167."
Summary of this case from Garrett v. StateOpinion
No. 108 Sept. Term, 2015
08-26-2016
Submitted by Cathleen C. Brockmeyer, Assistant Attorney General (Brian E. Frosh, Attorney General of Maryland of Baltimore MD) for Petitioner. Submitted by Brian M. Saccenti, Assistant Public Defender (Paul B. De Wolfe, Public Defender of Maryland of Baltimore, MD) for Respondent.
Submitted by Cathleen C. Brockmeyer, Assistant Attorney General (Brian E. Frosh, Attorney General of Maryland of Baltimore MD) for Petitioner.
Submitted by Brian M. Saccenti, Assistant Public Defender (Paul B. De Wolfe, Public Defender of Maryland of Baltimore, MD) for Respondent.
Argued before Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.
PER CURIAM ORDER The Court having considered and granted the State's petition for a writ of certiorari in the above entitled case in light of the Court's holding in State v. Adams – Bey, 449 Md. 690, 144 A.3d. 1200 (2016), it is this 26th day of August, 2016,
ORDERED, by the Court of Appeals of Maryland, that the judgment of the Court of Special Appeals be, and it is hereby, vacated, and the case is remanded to that Court with instructions to vacate the judgment of the Circuit Court for Prince George's County, and remand the case to the circuit court with instructions to determine whether Respondent waived any claim under Unger v. State, 427 Md. 383, 48 A.3d 242 (2012), given that Respondent's trial occurred after this Court issued its opinion in Stevenson v. State, 289 Md. 167, 423 A.2d 558 (1980). Prince George's County to pay costs in this Court and in the Court of Special Appeals.