Clark v. State

Summary

The Supreme Court of Maryland held that trial counsel’s failure to object to an overnight, blanket order prohibiting all communication between the defendant and counsel during trial resulted in an actual denial of the right to counsel. Because the order was sufficiently lengthy and broad to prevent consultation during a critical stage, prejudice was presumed under the federal and Maryland constitutional provisions, and the defendant was not required to prove that he would have spoken with counsel. The Court reversed the intermediate appellate court and upheld the order granting a new trial.