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TOLBERT v. STATE

No. 65, September Term, 1988.

315 Md. 13 (1989)

553 A.2d 228

JOHN ANTHONY TOLBERT v. STATE OF MARYLAND.

Court of Appeals of Maryland.

Motion for Reconsideration Denied March 28, 1989.

Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender (Alan H. Murrell, Public Defender, both on brief), Baltimore, for petitioner.

Richard B. Rosenblatt, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, BLACKWELL, JJ. and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland, (retired) Specially Assigned.

ORTH, Judge.

Once again we are called upon to apply the rulings concerning peremptory challenges of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), to determine the constitutionality of the composition of a jury in a criminal cause. We hold that the jury in the Circuit Court for Baltimore County which convicted John Anthony Tolbert of robbery and related crimes was constitutionally offensive and that he...

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