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HUEBNER v. DISTRICT COURT

Nos. 830, 831, September Term, 1984.

62 Md. App. 462 (1985)

490 A.2d 266

GISELA HUEBNER v. DISTRICT COURT OF MARYLAND. HANS J. HUEBNER v. DISTRICT COURT OF MARYLAND.

Court of Special Appeals of Maryland.

April 8, 1985.

Attorney(s) appearing for the Case

Louis J. Martucci, Greenbelt, for appellants.

Richard B. Rosenblatt, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, Arthur A. Marshall, Jr., State's Atty. and Joseph B. Chazen, Asst. State's Atty. for Prince George's County, Upper Marlboro, on the brief), for appellee.

Argued Before GILBERT, C.J., and BLOOM and GETTY, JJ.

GILBERT, Chief Judge.

Gisela Huebner and her father, Hans J. Huebner, want a jury trial in the Circuit Court for Prince George's County. The State, however, invoking the so-called "Gerstung Rule,"1 insists that the Huebners be tried initially in the district court. The State asserts that if either or both of the Huebners are convicted in the district court, he or she would be entitled to a de novo trial on appeal. That trial may...

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