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DEAN ROY THOMAS v. STATE OF MARYLAND

Following appellant’s 2012 conviction for second-degree assault in the Circuit Court for Prince George’s County, he appealed, challenging the trial court’s denial of his motion requesting a Bill of Particulars from the State. This Court affirmed and the Court of Appeals denied certiorari. Two months later, the Court of Appeals issued its opinion in Dzikowski v. State, 436 Md. 430 (2013). Appellant thereafter filed a motion for a new trial in the circuit court, predicated on the holding in Dzikowski. The trial court denied his motion, prompting this appeal, where the following four questions are presented for our review:

1. Should a new trial have been granted because the State failed to give Appellant the required Bill of Particulars?

2. Is the case of Dzikowski v. State, 436 Md. 430, 82 A.3d 851 (2013) controlling as to the case at bar?

3. If Dzikowski is to be applied retroactively, was the trial court barred from considering it?

4. Can a reviewing court find “harmless error” under the circumstances of this case?

For the reasons that follow, we shall affirm the judgment of the circuit court.

Read the unreported opinion.

 

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