SMITH v. STATE

No. 1832, September Term, 2012.

98 A.3d 444 (2014)

218 Md. App. 689

Gary James SMITH v. STATE of Maryland.

Court of Special Appeals of Maryland.

August 28, 2014.


Attorney(s) appearing for the Case

Bradford C. Peabody ( Paul B. DeWolfe , Public Defender, on the brief), Baltimore, MD, for appellant.

Cathleen C. Brockmeyer ( Douglas F. Gansler , Atty. Gen., on the brief), Baltimore, MD, for appellee.

Panel: KEHOE, HOTTEN, NAZARIAN, JJ.


NAZARIAN, J.

During voir dire, counsel for Gary Smith asked the Circuit Court for Montgomery County to include a mandatory Defense-Witness question to the jury panel. The court did not ask the question, but as the court and parties recapped the questions after the court read them, the prosecutor told the court that it had in fact asked it, and Mr. Smith's counsel did not correct him. The State agrees with Mr. Smith that under Moore v. State, ...

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