Blanks v. State

I agree that the prosecutor should have been prohibited from asking the petitioner when he had discussed his testimony with his trial counsel. I write separately, however, to offer a suggestion that would reduce the chances that a conviction will be reversed on the ground that the prosecutor’s cross-*545examination of the defendant violated the attorney-client privilege.

In Forbes v. State, 175 Md.App. 630, 931 A.2d 528 (2007), the Court of Special Appeals held that “the prosecutor should not have been permitted to ask appellant, in effect, whether, during a confidential communication with his…