Smith v. State

Jonathan D. Smith, Sr. v. State of Maryland, No. 283, September Term, 2021. Opinion by Graeff, J. CRIMINAL PROCEDURE – PROPER REMEDY – BRADY VIOLATION Where there is a Brady violation, a new trial typically is the most severe sanction available, and dismissal of an indictment on due process grounds is an appropriate remedy only in rare cases. Even in the situation where a defendant shows willful misconduct by the State, dismissal is appropriate only where there is irreparable prejudice to the defendant that cannot be resolved by less drastic alternatives. Appellant failed to make this…