Criminal procedure — Motion to question prosecutor — Plea bargain for state’s witness
On June 12, 2012, Miguel Bailey was shot and killed in a drug deal that went awry. The State charged Linwood Smith with felony murder, armed robbery, and related charges arising out of the incident. Mr. Smith was tried by jury in the Circuit Court for Baltimore County and convicted of second-degree felony murder, attempted armed robbery, first- degree assault, illegal use of a handgun, and conspiracy to possess with intent to distribute marijuana.
On appeal, Mr. Smith asserts first, that the circuit court erred in precluding him from eliciting testimony from a prosecutor about the prosecutor’s basis for offering a plea bargain to one of the State’s witnesses, and second, that the State knowingly used perjured testimony to obtain his convictions.