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NEWMAN v. STATE

No. 31, September Term, 2004.

863 A.2d 321 (2004)

384 Md. 285

Elsa NEWMAN v. STATE of Maryland.

Court of Appeals of Maryland.

December 13, 2004.

Attorney(s) appearing for the Case

Barry H. Helfand (David A. Martella, Rockville; Michael A. Wein, Greenbelt), on brief, for petitioner.

Byron L. Warnken, Michael P. Lytle, Baltimore, brief of the Maryland Criminal Defense Attorneys' Assoc., for petitioner, amicus curiae.

Edward J. Kelley, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and WILNER, CATHELL, HARRELL, BATTAGLIA, John C. ELDRIDGE (Retired Specially Assigned) LAWRENCE F. RODOWSKY (Retired Specially Assigned), JJ.

BATTAGLIA, Judge.

This case presents the issue of the proper scope of the attorney-client privilege and whether a curative instruction adequately counteracted the prejudice of eliciting testimony about the exercise of a defendant's Miranda rights. Because we find that the communications between Elsa Newman [hereinafter "Newman"] and her former attorney, Stephen Friedman [hereinafter "Friedman"], at issue in the present...

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