State v. Wallace

State of Maryland v. Charles Edward Wallace, No. 1414, Sept. Term 2019. Opinion filed on August 26, 2020, by Berger, J. POSTCONVICTION - INEFFECTIVE ASSISTANCE OF COUNSEL - REMEDY When trial counsel rendered ineffective assistance of counsel by failing to object to an erroneous jury instruction on attempted second-degree murder, the appropriate remedy was not vacatur of all charges. Rather, the court must consider the specific elements of each offense and the specific erroneous instruction when determining which convictions were tainted by the erroneous instruction. In this case, the…