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Case Brief Procedural History Of Smallwood V State 680

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Smallwood v. State 680 A.2d 512 (MD. 1996) Procedural History: Dwight Ralph Smallwood, the defendant, was charged for rape in the first-degree, robbery with a deadly weapon, reckless endangerment, and assault with intent to murder. The defendant was also charged on a separate indictment for attempted murder in the second degree to his three victims each. The defendant pled guilty on October 11, 1994 to the charges of rape in the first-degree and robbery with a deadly weapon in the Prince George's County's Circuit Court. The circuit court had convicted the defendant to the charges of assault with intent to murder, all three counts of second-degree murder and reckless endangerment. The second-degree murder charges were based on his attack on …show more content…

His records indicated, by the Prince George's County Detention Center, he was informed of being infected with the virus on September 25, 1991. He was given instruction by a social worker on February of 1992 to practice “safe sex.” so that the virus would not spread to any sexual partner. Smallwood informed healthcare providers of the Children's hospital, on July of 1993, that he had always used a condom and that he had only one sexual partner. He was tested again for the HIV virus on both February and March in 1994. Smallwood and an accomplice had robbed a woman a woman at gunpoint and raped her in a secluded place on September 26, 1993. Two days later, Smallwood and an accomplice robbed another woman at gunpoint and raped her in a secluded place. Smallwood inserted his penis with “slight penetration.” Smallwood and an accomplice robbed a third woman at gunpoint at a local school. Smallwood forced her to perform oral sex and raped her after. Smallwood had threatened to kill all three victims if they did not cooperate as well as threaten to kill them if they report him. Smallwood did not use any form of protection (such as a condom) while performing any of these acts. Issue: Whether the courts lacked sufficient evidence to convict Smallwood of intent to kill his three

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