A defendant’s constitutional right to view prospective jurors as they answer questions was not violated by the pandemic-spurred mandate that they wear masks, Maryland’s second-highest court ruled.

Tagged with: COVID-19 defendant's rights masks murder sixth amendment voir dire

Maryland’s top court excused lawyers who failed to object to judges telling jurors the state need not present DNA evidence to prove guilt before a 2010 ruling.

Tagged with: csi effect ineffective assistance of counsel voir dire

This expectation of jurors has been dubbed the “CSI effect” in recognition of the popular show “CSI: Crime Scene Investigation."

Tagged with: csi effect ineffective assistance of counsel judge's instructions voir dire

A judge’s failure to ask prospective jurors if they respect a criminal defendant’s constitutional right not to testify is generally rendered harmless if the defendant does in fact take the stand at trial, a divided Maryland high court ruled this ...

Tagged with: defendant's right jury selection Kazadi self-incrimination voir dire

The Maryland Court of Appeals will consider whether a general prohibition on judges telling prospective or sitting jurors that prosecutors need not present scientific evidence to prove a defendant’s guilt applies to criminal convictions reached before the high court issued ...

Tagged with: csi effect ineffective assistance of counsel judge's instructions retroactivity voir dire

A defense attorney and a lawyer for the state battled at Maryland’s high court Monday over whether a judge’s failure to ask prospective jurors if they respect a criminal defendant’s constitutional right not to testify invalidates a subsequent conviction or ...

Tagged with: defendant's rights jury selection Kazadi voir dire

Maryland’s top court will consider if judge’s failure to ask prospective jurors if they respect defendants' right not to testify is harmless if they do testify.

Tagged with: defendant's rights jury selection self-incrimination voir dire

Attention criminal defense attorneys: Maryland’s top court has drawn a significant legal distinction between questions asked and not asked of prospective jurors in your trials.

Tagged with: appealable issue criminal defense voir dire

About a dozen overturned convictions have followed the Maryland high court’s landmark decision last year requiring judges to ask prospective jurors – when requested by defense counsel – if they can presume the defendant innocent, require the prosecution to prove ...

Tagged with: jury selection Kazadi presumption of innocence voir dire

They were tried together but only the convicted murderer will get a new trial because his attorney objected to the judge’s refusal to ask prospective jurors if they could presume the defendants innocent while the lawyer for the co-defendant convicted ...

Tagged with: burden of proof presumption of innocence voir dire