Smith v. State

Summary

The Supreme Court of Maryland declined to decide whether the State's misconduct required dismissal because the conditional plea eliminated any actual retrial and the record did not permit a non-speculative assessment of irreparable prejudice or possible lesser remedies. It vacated the appellate judgment and required the circuit court to vacate its denial of the motion to dismiss, while allowing Smith to withdraw his conditional plea and return to the posture preceding that plea. The Court left the previously ordered retrial in effect unless the State elects not to prosecute.