JACKSON v. STATE

No. 1174, September Term, 1989.

82 Md. App. 438 (1990)

572 A.2d 567

ALLAN JACKSON, JR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

May 1, 1990.


Attorney(s) appearing for the Case

Arthur A. Delano, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, on the brief), Baltimore, for appellant.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for appellee.

Argued before GILBERT, C.J., and MOYLAN and ROSALYN B. BELL, JJ.


MOYLAN, Judge.

The overriding interest of fundamental fairness will occasionally dictate, under special circumstances in a rare case, the carving out of an exception from an otherwise salutary rule. That is as it should be. Whenever that occurs, creative defense counsel invariably seek to expand the exception to the limits of its logic. That also is as it should be. Equally invariably, they frequently try to push it beyond the limits of its logic. The exception, unless...

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