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§ 8-409. Challenges in criminal cases

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 8. Juries and Jurors (Refs & Annos)
Subtitle 4. Juries (Refs & Annos)
Part II. Challenges (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 8-409
§ 8-409. Challenges in criminal cases
Currentness
Exclusive procedure to challenge jury
(a) This section sets forth the exclusive procedure by which a party in a criminal case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.
Motions to dismiss charging document or stay the case
(b)(1) Before examination begins in a criminal case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to dismiss a charging document or stay the case on the ground of substantial failure to comply with a provision of this title in selecting the grand or trial jury.
(2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.
Access to records
(c) On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy a record as needed to prepare.
Movant entitled to present evidence
(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:
(1) The testimony of the jury commissioner; and
(2) Relevant records, whether or not public, that the jury commissioner used.
Substantial failure to comply with § 8-102 relating to grand jury selection
(e)(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a grand jury, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a grand jury and finds the failure likely to be prejudicial to the movant, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
Substantial failure to comply with § 8-102 relating to trial jury selection
(f)(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.

Credits

Added by Acts 2006, c. 372, § 13, eff. Oct. 1, 2006.
MD Code, Courts and Judicial Proceedings, § 8-409, MD CTS & JUD PRO § 8-409
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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