Court Affirms State's Attorney Indictment Authority

Maryland's Appellate Court ruled prosecutors hold final say over whether a grand jury's probable cause finding leads to criminal charges.

Updated on Nov. 3, 2026 in Law Enforcement

Flat-color editorial illustration of a centered civic building facade with tall columns in deep red and cream, evoking institutional prosecutorial authority. — Maryland's Appellate Court ruled Monday that state's attorneys, not grand juries, have final authority to decide whether to pursue criminal charges after a 2012 fatal Baltimore police shooting. AI Illustration. Upload story photo >

The Appellate Court of Maryland ruled on Monday, November 2, 2026, in a divided decision that state's attorneys have final authority to decide whether to pursue criminal indictments. The ruling arose from the case of Maurice Donald Johnson, who was fatally shot by a Baltimore police officer in 2012.

Why it matters

The decision confirms that a grand jury's presentment recommending charges does not by itself initiate prosecution, leaving that choice with elected prosecutors. Maryland's Constitution grants state's attorneys broad discretion over criminal prosecutions, a principle the court emphasized in affirming the lower ruling.

The Appellate Court affirmed the Baltimore City Circuit Court's judgment, rejecting arguments from Marcella Holloman that sought to compel an indictment. Baltimore City State's Attorney Ivan Bates did not pursue an indictment after a May 3, 2023 grand jury presentment found probable cause that the officer committed voluntary manslaughter and reckless endangerment.

The players

Ivan Bates

Ivan Bates is the Baltimore City State's Attorney who declined to pursue an indictment after the grand jury presentment.

Appellate Court of Maryland

The Appellate Court of Maryland is the state's intermediate appellate court, which issued the divided ruling on prosecutorial indictment authority.

The details

Marcella Holloman called Baltimore police for help with her adult son, Maurice Donald Johnson, on May 19, 2012, and he was later shot and killed by an officer. The Baltimore Police Department and state's attorney's office determined the shooting was justified, but a grand jury later found probable cause for criminal charges, which the state's attorney chose not to pursue.

May 19, 2012: Holloman called police, and Johnson was fatally shot by an officer.
2021: The Appellate Court ruled Holloman had a common-law right to seek to present material to a grand jury.
May 3, 2023: A grand jury issued a presentment finding probable cause against the officer.
Monday, November 2, 2026: The Appellate Court issued its divided ruling affirming prosecutorial discretion.

Legal Context

The ruling reinforces the principle in the Maryland Constitution that state's attorneys hold broad discretion over criminal prosecutions. It limits the ability of private citizens to compel charges after a grand jury finds probable cause, even when the grand jury recommends criminal prosecution.

Residents who believe a grand jury's findings should lead to charges now know that the state's attorney has final say over whether an indictment is sought. Families seeking to challenge a prosecutor's decision not to charge may face limited legal options under this ruling.

The takeaway

Prosecutorial discretion remains central to whether grand jury findings become criminal charges in Maryland. Citizens seeking accountability in police cases should understand that the decision to indict rests with the elected state's attorney.