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

The Supreme Court on Monday declined to hear a convicted Westminster armed robber’s argument that his trial attorney’s failure to exclude from the jury a juror who had acknowledged potential bias against accused thieves rendered the conviction invalid despite the ...

Tagged with: juror bias sixth amendment Supreme Court Syed voir dire

ANNAPOLIS – A sharply divided Maryland high court ruled Friday that trial judges must ask prospective jurors – when requested by defense counsel – whether they can presume the defendant is innocent, require the prosecution to prove its case beyond ...

Tagged with: defendant's rights jury selection voir dire

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