ANNAPOLIS – Maryland’s top court appears poised to overturn its longstanding precedent and require judges to specifically ask prospective jurors if they can presume the defendant is innocent, require the prosecution to prove its case beyond a reasonable doubt and ...

Tagged with: beyond a reasonable doubt presumption of innocence privilege against self incrimination voir dire

(Part II of four parts) We return to the hypothetical case of Smith v. Jones. Defense counsel is about to present their argument to allow social media searches of the venire, as well as jury members both during and after ...

Tagged with: Jurors Paul Mark Sandler Social Media venire voir dire

The Court of Special Appeals affirmed a $130,000 jury verdict against a Baltimore Police Department officer Monday, finding the trial judge did not abuse her discretion in refusing to ask a proposed question regarding pretrial publicity about the department. Jurors ...

Tagged with: Baltimore Police Department Court of Special Appeals excessive force voir dire

Attention Maryland circuit court judges: The only way for you to ask prospective jurors if they have strong feelings about the crime charged is to ask them – without elaboration – “Do you have strong feelings about” the crime charged. ...

Tagged with: jury selection strong feelings question voir dire

A trial judge, in seeking to discover prospective jurors’ biases regarding a police officer’s testimony, went too far by asking them their feelings not only of law enforcement’s veracity but the truthfulness of doctors, clergy, firefighters, psychiatrists, social workers and ...

Tagged with: occupational bias question police-witness question voir dire

Maryland judges have significant latitude in how to conduct voir dire, but one method recently received a seal of approval from state’s top court. Writing for a unanimous Court of Appeals last month, Chief Judge Mary Ellen Barbera included “a ...

Tagged with: chief judge mary ellen barbera Court of Appeals Maryland State Bar Association voir dire

  ANNAPOLIS – Maryland’s top court grappled Thursday over whether a trial judge, in seeking to expose prospective jurors’ biases regarding a police officer’s testimony, went too far by asking them their feelings not only of law enforcement’s veracity but ...

Tagged with: police-bias question voir dire

Before questioning prospective jurors about their biases, judges must tell them they can give potentially embarrassing answers privately at the bench rather than before the entire courtroom, a criminal-defense attorney told Maryland’s top court Thursday.

Tagged with: fair trial impartial jury voir dire

Protests on the street could be heard inside the fourth-floor Baltimore courtroom where dozens of prospective jurors appeared Monday morning as jury selection began in the case against Officer William Porter, one of six police officers charged in connection with the death of Freddie Gray.

Tagged with: baltimore city circuit court Freddie Gray jury jury selection officer william porter voir dire

Days before the start of the first trial of a Baltimore police officer charged in connection with the death of Freddie Gray, the presiding judge did a little housekeeping. Baltimore City Circuit Judge Barry Williams on Tuesday resolved many of ...

Tagged with: Freddie Gray Freddie Gray judge barry williams motions officer william porter trial voir dire