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Smallwood v. State

Maryland Court of Appeals
680 A.2d 512 (1996)

Facts

Smallwood (defendant) was convicted in a non-jury trial on three counts of assault with intent to murder three rape victims based on evidence that despite his awareness of his HIV-positive status and that he needed to practice “safe sex,” he did not use a condom in any of his sexual assaults. Smallwood pled guilty to the rape and armed robbery charges, but appealed the attempted murder convictions.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Murphy, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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