DeLuca v. State

MOYLAN, Judge.

A miscommunication unquestionably occurred in this case. The miscommunication ultimately worked to the detriment of the appellant. There is serious question, however, as to what, if any, impact it had. There is serious question, moreover, about who, if anyone, was to blame for the miscommunication.

Appellant’s counsel took a passing remark by the state’s attorney, made in the course of an argument over compelling the disclosure of the identity of an informant, and, without seeking anything by way of formal confirmation or commitment, chose to treat it as some sort of guarantee or…