Elmer v. State

I concur with the Court’s holding that Maryland Rule 5-410 was not violated in the instant case, but I dissent from the reversal of Elmer’s conviction for three reasons. First, the majority reaches out to reverse on an issue not properly before the Court and not decided by the Court of Special Appeals in its review of the instant conviction. The intermediate appellate court refused to decide the issue upon which this Court reverses because that issue was not raised on appeal, and Elmer’s petition for certiorari does not challenge the intermediate appellate court’s decision that the issue was…