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EPPS v. STATE

No. 0334, Sept. Term, 2009.

1 A.3d 488 (2010)

193 Md. App. 687

Terry Keith EPPS, Jr. v. STATE of Maryland.

Court of Special Appeals of Maryland.

Reconsideration Denied September 14, 2010.

Attorney(s) appearing for the Case

Marc A. DeSimone, Jr. (Paul B. DeWolfe, Public Defender, on the brief), Baltimore, MD, for appellant.

Daniel J. Jawor (Douglas F. Gansler, Atty. Gen., on the brief), Baltimore, MD, for appellee.

Panel: ZARNOCH, WRIGHT and CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.

MOYLAN, J.

May the State (or in this case the trial court) switch Fourth Amendment theories after a suppression hearing has been, in all but the formal filing of its ruling, wrapped up? Theoretically, if all conditions are favorable, it is possible, but it is an unusual procedure that is generally frowned upon. We frown upon it here.

Round One

The appellant, Terry Keith Epps, Jr., was convicted by a...

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