SMITH v. STATE

No. 61, Sept. Term, 2021.

281 A.3d 931 (2022)

481 Md. 368

Everett SMITH v. STATE of Maryland.

Court of Appeals of Maryland.

August 26, 2022.


Attorney(s) appearing for the Case

Argued by Michele D. Hall , Asst. Public Defender ( Rachel Marblestone Kamins , Asst. Public Defender, Paul B. DeWolfe , Public Defender of Maryland, Baltimore, MD), on brief, for Petitioner.

Argued by Derek Simmonsen , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Amici Curiae the Public Justice Center, ACLU of Maryland, National Legal Aid & Defender Association, Baltimore Action Legal Team, Social Action Committee for Racial Justice, and Surj Annapolis and Anne Arundel County: Michael R. Abrams, Esquire , Murnaghan Appellate Advocacy Fellow, Public Justice Center, 201 N. Charles Street, Suite 1200, Baltimore, MD 21201.

Amicus Curiae Maryland Criminal Defense Attorneys' Association: Megan E. Coleman, Esquire , MarcusBonsib, LLC, 6411 Ivy Lane, Suite 116, Greenbelt, MD 20770, Gary E. Bair, Esquire , RaquinMercer LLC, 50 West Montgomery Avenue, Suite 200, Rockville, MD 20850.

Argued before: Watts, Hotten, Booth, Biran, Gould, Eaves, Joseph M. Getty (Senior Judge, Specially Assigned), JJ.


2020 will be remembered as one of the most tumultuous years in American history. As the nation struggled to navigate the COVID-19 pandemic, a white Minneapolis police officer killed George Floyd, an unarmed African American man, on May 25, 2020. Floyd's murder, which followed multiple killings of African Americans around the country over...

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