Smith v. State

Jonathan D. Smith v. State of Maryland, No. 31, September Term, 2022 DUE PROCESS – REMEDY – DISMISSAL – RETRIAL – Supreme Court of Maryland* held that, despite agreement of parties that only appropriate remedy is dismissal of charges, given that as result of conditional plea agreement, new trial ordered by Court did not take place and although conditional plea agreement entered into by parties contains proffer with respect to evidence, it was not possible for Court to assess with any confidence beyond speculation what evidence might have consisted of at retrial. Supreme Court, therefore,…