In an opinion written by Chief Judge Robert M. Bell, the Maryland Court of Appeals (MCOA) --- Maryland's highest court --- on Wednesday, April 3rd, 2013 overturned a man's double-murder conviction as well as his life sentence.
The high court granted the convicted murderer, Jaron Tyree Grade, a new trial because his defense was not told of a communication between a judge's aide and a juror prior to jury deliberations.
The case cite is:
JARON TYREE GRADE v. STATE OF MARYLAND,
No. 16, September Term, 2007. Opinion by Chief Judge Robert M. Bell.
The Court's Holding:
"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, it did."
CRIMINAL LAW – PROCEDURE – JURY COMMUNICATION
The defendant has a right to be present at all stages of trial. Maryland Rule 4-326 further provides that any communication between a juror and the court must be disclosed to the defendant in a timely manner, so that the defendant can provide input on the communication before the court takes action on the information received.
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