Legal Opinion

Smith v. State

Court of Appeals of Maryland

Decided July 17, 1978No. [No. 120, September Term, 1977]PublishedCited by 17 opinions

1Opinion of the CourtEldridge, J.

The issue in this criminal case is whether a non-party-witness, who has pleaded guilty to a certain criminal charge but has not yet been sentenced, is entitled to invoke the Fifth Amendment privilege against self-incrimination and refuse to testify regarding that criminal charge.

In 1975, the defendant Juan Smith was arrested together with Ralph Montgomery. Both men'were indicted on charges of possession of heroin and possession, of heroin with intent to distribute.

Subsequently, Montgomery entered into a plea bargain with the State. The terms of this plea bargain required the State to enter a…

2Cases cited24 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Malloy v. HoganSupreme Court of the United States · 1964
  3. Hoffman v. United StatesSupreme Court of the United States · 1951
  4. Counselman v. HitchcockSupreme Court of the United States · 1892
  5. Commonwealth v. RodgersSupreme Court of Pennsylvania · 1977

19 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Booth v. StateCourt of Appeals of Maryland · 1987
  2. Choi v. StateCourt of Appeals of Maryland · 1989
  3. Gray v. StateCourt of Appeals of Maryland · 2002
  4. State v. WilliamsSupreme Court of Connecticut · 1986
  5. Richardson v. StateCourt of Appeals of Maryland · 1979

12 more not listed; retrieve them via the Exa API.

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