WIGGINS v. STATE

No. 94, September Term 1988.

315 Md. 232 (1989)

554 A.2d 356

BERNARD WIGGINS v. STATE OF MARYLAND.

Court of Appeals of Maryland.

March 7, 1989.


Attorney(s) appearing for the Case

Jose Felipe Anderson, and George E. Burns, Jr., Asst. Public Defenders (Alan H. Murrell, Public Defender, on brief), Baltimore, for petitioner.

Susan Goering, Baltimore, Elizabeth Symonds and Arthur B. Spitzer, Washington, D.C., Nan Hunter, William Rubenstein and Judith Levin of New York City, amicus curiae for The American Civil Liberties Union, the American Civil Liberties Union of Maryland, The American Civil Liberties Union of the Nat. Capital Area, and the American Public Health Ass'n.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief) Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired) specially assigned.


CHARLES E. ORTH, Jr. (Ret.), Specially Assigned, Judge.

The specter of the dread disease AIDS1 hovered over the trial of Bernard Wiggins in a criminal cause before a jury in the Circuit Court for Prince George's County. The trial judge refused to exorcise it. The jury convicted Wiggins of felony murder (life imprisonment); robbery with a deadly weapon (20 years consecutive); and felony theft (merged into the murder conviction). Wiggins...

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