GRADE v. STATE

No. 16, September Term, 2007.

64 A.3d 197 (2013)

431 Md. 85

Jaron Tyree GRADE v. STATE of Maryland.

Court of Appeals of Maryland.

April 3, 2013.


Attorney(s) appearing for the Case

George E. Burns, Jr. , Asst. Public Defender ( Nancy S. Forster , Public Defender, Baltimore, MD), on brief, for Petitioner/Cross-Respondent.

Cathleen C. Brockmeyer , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent-Cross-Petitioner.

Argued before BELL, C.J., RAKER, HARRELL, BATTAGLIA, GREENE, ALAN M. WILNER (Retired, Specially Assigned), DALE R. CATHELL (Retired, Specially Assigned), JJ.


BELL, C.J.

The issue in this case is whether the trial court's substitution of a juror with an alternate, without having first notified counsel of the juror communication that prompted that action and sought counsel's response or input, violated Maryland Rule 4-326(d). Because Rule 4-326(d) vindicates the well-established right of a defendant to be present throughout the trial, including during jury deliberations, we shall hold that, under the facts of this case,...

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