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HENRY v. STATE

No. 952, September Term, 2010.

42 A.3d 96 (2012)

204 Md. App. 509

Carlton Nicholas HENRY v. STATE of Maryland.

Court of Special Appeals of Maryland.

April 25, 2012.

Attorney(s) appearing for the Case

Katherine P. Rasin (Paul B. DeWolfe, Public Defender, on the brief), Baltimore, MD, for Appellant.

Diane E. Keller (Douglas F. Gansler, Atty. Gen., on the brief), Baltimore, MD, for Appellee.

Panel: DEBORAH S. EYLER, KEHOE, IRMA S. RAKER (Retired, Specially Assigned), JJ.

EYLER, DEBORAH S., J.

The primary question in this case is whether the State satisfied its burden to rebut the presumption, under Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), that inculpatory statements given to the police by a suspect in custody after he had invoked his right to counsel were not voluntary. We hold that the State did not satisfy its burden of proof and the statements therefore should...

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