State v. Shortall

The principal issue in this certiorari review of an action under the Post-Conviction Procedure Act, Maryland Code (2001, 2008 Repl. Vol., 2017 Supp.) §§ 7-101 through 7-109 of the Criminal Procedure Article (CP), is whether the Respondent, Purnell Shortall, was deprived of his constitutional right to the effective assistance of counsel when counsel did not object to a certain, non-pattern, jury instruction in a prosecution under environmental laws. As we explain below, we shall hold that he was so deprived under the peculiar facts of this case.

Whether the unchallenged instruction was correct…