Clarence J. Sutton v. State of Maryland Maryland House of Correction

For the reasons set forth in the majority panel opinion, Sutton v. State, 865 F.2d 608 (4 Cir.1989), I think that the judgment of the district court should be affirmed. From a contrary holding I respectfully dissent.

I

Two comments about the majority in banc opinion are warranted:

First, the majority is factually incorrect in characterizing “[t]he present case [as] one of those special cases Maryland had in mind when it provided no statutory maximum for common law assault and left it to the discretion of the trial judge to fashion a proper and adequate punishment.” As the trial judge who tried…