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SMITH v. STATE

No. 2764, September Term, 2007.

974 A.2d 991 (2009)

186 Md. App. 498

Thomas SMITH v. STATE of Maryland.

Court of Special Appeals of Maryland.

July 6, 2009.

Attorney(s) appearing for the Case

Brian L. Zavin (Nancy S. Forster, Public Defender on the brief), Baltimore, for appellant.

Jeremy M. McCoy (Douglas F. Gansler, Atty. Gen., on the brief), Baltimore, for appellee.

Panel: SALMON, GRAEFF, and CHARLES E. MOYLAN, JR. (retired, specially assigned), JJ.

MOYLAN, J.

The problem is a simple one of proper conceptualization. At a surface level, the tactical issue in the case is that of whether Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), applies to the investigative event on which the appellant focuses. At the strategic level, the issue is that of whether the Fifth Amendment privilege against compelled self-incrimination applies to that investigative event...

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