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ROBINSON v. STATE

No. 11, September Term, 2013.

84 A.3d 69 (2014)

436 Md. 560

Emmanuel Ford ROBINSON v. STATE of Maryland.

Court of Appeals of Maryland.

January 27, 2014.

Attorney(s) appearing for the Case

Michael T. Torres , Assistant Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for Petitioner.

Cathleen C. Brockmeyer , Asst. Atty. Gen. ( Douglas F. Gansler , Attorney General of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD and WATTS, JJ.

BATTAGLIA, J.

In the present case, we are asked to consider whether, in light of Atkins v. State, 421 Md. 434, 26 A.3d 979 (2011) and Stabb v. State, 423 Md. 454, 31 A.3d 922 (2011), a jury instruction in which the trial judge stated:

During this trial, you've heard testimony of witnesses and may hear argument of...

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