CHARLES AND DRAKE v. STATE

Nos. 110, 114 September Term, 2009.

997 A.2d 154 (2010)

414 Md. 726

Jamal CHARLES AND Dwayne DRAKE v. STATE of Maryland. Dwayne Drake and Jamal Charles v. State of Maryland.

Court of Appeals of Maryland.

June 18, 2010.


Attorney(s) appearing for the Case

Jon S. Cardin (Cardin and Gitomer, PA., of Baltimore, MD), on brief, for petitioners in No. 110, Sept. Term, 2009.

Sarah Page Pritzlaff, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, of Baltimore, MD), on brief, for respondent in Nos. 110 and 114, Sept. Term, 2009.

David P. Kennedy, Asst. Public Defender (Paul B. DeWolfe, Public Defender, of Baltimore, MD), on brief, for petitioners in No. 114, Sept. Term, 2009.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.


BATTAGLIA, J.

We are asked to consider whether Dwayne Drake and Jamal Charles, Petitioners, are entitled to a new trial, because the judge who presided over their joint trial propounded a question during voir dire asking whether the jury could not "convict" them without "scientific evidence."

Drake and Charles were tried together before a jury in the Circuit Court for Baltimore City on charges stemming from the death of Bryant Jones and were convicted of second...

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