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COST v. STATE

No. 116, September Term, 2009.

10 A.3d 184 (2010)

417 Md. 360

Ashanti COST v. STATE of Maryland.

Court of Appeals of Maryland.

December 17, 2010.

Attorney(s) appearing for the Case

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

Robert Taylor, Jr. , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Russell P. Butler , Matthew S. Ornstein , Upper Marlboro, brief of Amicus Curiae Maryland Crime Victims' Resource Center, Inc.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

ADKINS, J.

Petitioner Ashanti Cost was convicted of reckless endangerment for an alleged stabbing attack on Michael Brown, a fellow inmate at the Maryland Correctional Adjustment Center ("MCAC"). During the course of investigating the incident, the State sealed Brown's cell and took several items of physical evidence into custody. Apparently, these items were later disposed of by the State, rather than being preserved as evidence for use in Cost's trial. At trial...

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