STATE v. WAINE

No. 90, September Term, 2014.

122 A.3d 294 (2015)

444 Md. 692

STATE of Maryland v. Peter Sutro WAINE.

Court of Appeals of Maryland.

Reconsideration Denied October 15, 2015.


Attorney(s) appearing for the Case

Cathleen C. Brockmeyer, Asst. Atty. Gen. (Brian E. Frosh, Atty. Gen. of Maryland, Baltimore, MD), on brief, for Petitioner.

Andrew D. Levy (Brown, Goldstein & Levy, LLP, Baltimore, MD; Howard L. Cardin, Cardin & Gitomer, P.A., of Baltimore, MD), on brief, for Respondent.

Russell P. Butler, Esquire, Victor D. Stone, Esquire, Maryland Crime Victims' Resource Center, Inc., Upper Marlboro, MD, for amicus curiae brief of Maryland Crime Victims' Resource Center, Inc., et al.

Ann N. Bosse, Esquire, Assistant State's Attorney for Montgomery County, Office of the State's Attorney for Montgomery County, Rockville, MD, for amicus curiae brief of Maryland State's Attorneys' Association in support of Petitioner.

Glen K. Allen, Esquire, Michael N. Bakhama, Esquire, DLA Piper LLP (US), Baltimore, MD, for amicus curiae brief of University of Maryland Carey School of Law Clinical Law Program and Law and Social Work Services Program and Maryland Restorative Justice Initiative, Inc. in support of Appellee.

Clifford M. Sloan, Esquire, Donald P. Salzman, Esquire, Breanna L. Peterson, Esquire, Paul M. McLaughlin, Esquire, Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, for amicus curiae brief of former State and Federal prosecutors, former State Attorneys General, former Senior Justice Department Officials, and a former Judge in support of Appellee Peter Waine.

Brian M. Saccenti, Esquire, Assistant Public Defender, Office of the Public Defender, Appellate Division, Baltimore, MD, for amicus curiae brief of Maryland Office of the Public Defender in support of Respondent.

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


In May 2012, we decided Unger v. State, 427 Md. 383, 48 A.3d 242 (2012), and denied a motion to reconsider our decision in August of the same year. We granted certiorari to consider the State's request that we overrule what we decided in Unger little more...

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