Clark v. State

Summary

The Supreme Court of Maryland held that trial counsel’s failure to object to a blanket order barring communication between Damien Clark and counsel during an overnight recess constituted an actual denial of the assistance of counsel. Because the order covered a lengthy recess and all case-related communication, prejudice was presumed under the Sixth Amendment and independently under Articles 21 and 24 of the Maryland Declaration of Rights. The Court reversed the intermediate appellate court and reinstated the postconviction court’s order granting a new trial.