Clark v. State

Damien Gary Clark v. State of Maryland, No. 25, September Term, 2022 RIGHT TO COUNSEL – NO-COMMUNICATION ORDER – ACTUAL DENIAL OF ASSISTANCE OF COUNSEL – PREJUDICE – Supreme Court of Maryland* held that trial counsel’s failure to object to trial court’s order prohibiting communication between defendant and counsel during overnight recess in criminal trial, without any curative action, resulted in actual denial of assistance of counsel in violation of Sixth Amendment to United States Constitution and, under Strickland v. Washington,

466 U.S. 668

(1984), prejudice is presumed. Supreme Court of…