Court of Appeals of Maryland.https://leagle.com/images/logo.png
May 11, 2010.
May 11, 2010.
Attorney(s) appearing for the Case
David P. Kennedy, Asst. Public Defender (Nancy S. Forster, Public Defender, Baltimore), on brief, for petitioner/cross-respondent.
Jeremy M. McCoy, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore), on brief, for respondent/cross-petitioner.
Argued before HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE (Retired, Specially Assigned), IRMA S. RAKER (Retired, Specially Assigned), LAWRENCE F. RODOWSKY (Retired, Specially Assigned), and ALAN M. WILNER (Retired, Specially Assigned), JJ.
Court of Appeals of Maryland.
JOHN C. ELDRIDGE, J., (Retired, Specially Assigned).
This Court in Harris v. State,406 Md. 115, 129-132, 956 A.2d 204, 212-214 (2008), held that where a criminal defendant was convicted by a jury which had never been sworn, the failure to swear the jury was a "structural error" requiring the reversal of the conviction and the award of a new trial. Because the error was "structural," it could...
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