TYLER v. STATE

No. 87, September Term, 1992.

330 Md. 261 (1993)

623 A.2d 648

JERRY SAMUEL TYLER v. STATE OF MARYLAND. GERALD WYNN EILAND v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 26, 1993.


Attorney(s) appearing for the Case

Argued by Richard A. Finci (Victor A. Houlon, Houlon & Berman of Hyattsville) and argued by Steven F. Reich (Charles F.C. Ruff, Covington & Burling of Washington, DC; Leonard R. Stamm, Goldstein & Stamm, P.A. of Greenbelt all on brief) for petitioners.

Amicus Curiae by Stephen A. Fennell, David H. Coburn, Roderick L. Thomas, Tracy Zorpette, Steptoe & Johnson, Marcia Greenberger, Myung Lee, all of Washington, DC, for National Women's Law Center, Women's Legal Defense Fund, Now Legal Defense and Education Fund, Women's Law Center, Inc. (Maryland), Women's Rights Project of the American Civil Liberties Union Foundation and American Civil Liberties Union of Maryland.

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, and ROBERT M. BELL, JJ., and CHARLES E. ORTH, Jr., Judge of the Court of Appeals of Maryland (retired), Specially Assigned.


ORTH, Judge.

We are presented on this appeal with the question:

Does Maryland or federal law prohibit the State from exercising peremptory challenges at trial in a manner systematically designed to exclude women from service on the jury?

Under the Maryland law, the answer is "yes."

I

The Supreme Court of the United States in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986...

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