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STATE v. CALLAHAN

No. 28, Sept. Term, 2014.

107 A.3d 1143 (2015)

441 Md. 220

STATE of Maryland v. Charles William CALLAHAN.

Court of Appeals of Maryland.

January 23, 2015.

Attorney(s) appearing for the Case

Mary Ann Ince, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore, MD), on brief, for petitioner/cross-respondent.

Rachel Simmonsen, Asst. Public Defender (Paul B. DeWolfe, Public Defender of Maryland, Baltimore, MD), on brief, for respondent/cross-petitioner.

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

We decide: (I) whether a probation agent's instruction to comply with a condition of mandatory supervision creates a condition of probation that is outside the ambit of the standard condition of probation to obey the probation agent's lawful instructions; and (II) whether such an instruction is inconsistent with the separation of powers...

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