ELLIOTT v. STATE

No. 24, October Term, 2010.

10 A.3d 761 (2010)

417 Md. 413

Winston ELLIOTT v. STATE of Maryland.

Court of Appeals of Maryland.

December 21, 2010.


Attorney(s) appearing for the Case

Jaclyn Moyer , Assigned Public Defender ( Chris Davies an Andrew Goetz , Assigned Public Defenders of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.), on brief, for petitioner/cross-respondent.

James E. Williams , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent/cross-petitioner.

Mitchell Y. Mirviss , Michael Schatzow , Andrew Paul Kawel (of counsel) , Venable LLP, Baltimore, MD, Malia N. Brink (of counsel) , National Association of Criminal Defense Lawyers, Washington, D.C., for Amicus Curiae brief of National Association of Criminal Defense Lawyers.

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


GREENE, J.

In this case, we are asked to determine whether the intermediate appellate court erred in applying the doctrine of inevitable discovery sua sponte, where the State did not argue the doctrine at any point during prior proceedings. In addition, we are asked to determine whether the Circuit Court erred in failing to grant defense counsel's motion to compel disclosure of the identity of a confidential informant where the identity of the informant was...

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