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MARSHALL v. STATE

No. 9, September Term, 2008.

999 A.2d 1029 (2010)

415 Md. 248

Thomas W. MARSHALL v. STATE of Maryland.

Court of Appeals of Maryland.

July 27, 2010.

Attorney(s) appearing for the Case

Katherine P. Rasin, Asst. Public Defender (Nancy S. Forster, Public Defender, of Baltimore, MD), on brief, for petitioner.

Carrie J. Williams, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, of Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, MURPHY, ADKINS, JOHN C. ELDRIDGE, (Retired, Specially Assigned) and IRMA S. RAKER, (Retired, Specially Assigned), JJ.

JOHN C. ELDRIDGE, J., Retired, Specially Assigned.

The question before us in this criminal case concerns the prosecuting attorney's comments, during closing arguments, about the defendant's decision not to testify in his own behalf. More specifically, the issue is whether the prosecuting attorney's comments constituted error under Article 22 of the Maryland Declaration of Rights and Maryland Code (1974, 2006 Repl.Vol.), § 9-107 of the Courts and Judicial Proceedings...

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