MD Court of Appeals Overturns 1st Degree Murder Conviction
Daily Record, November 12, 2008:
A unanimous Court of Appeals has overturned a first-degree murder conviction, saying the prosecutor violated the defendant’s attorney-client privilege by asking him about the timing and content of his pre-trial discussions with defense counsel.
...
"The state has every right to challenge a criminal defendant’s credibility through vigorous cross-examination," [Judge Mary Ellen] Barbera wrote. "The state has no right, however, to effect that goal through improper means. In this case, the state undermined petitioner’s credibility by the improper means of invading his attorney-client privilege."
...
On cross-examination, the prosecutor sought to undermine [Defendant] Blanks’ credibility by asking when he and his attorney had first discussed his testimony that he had had an affair with the victim.
After the defense attorney’s objection was overruled, Blanks responded that he had discussed his testimony only briefly with his lawyer.
The Court of Appeals said the objection should have been sustained.
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