Schowgurow v. Maryland, 240 Md. 121 (1965)

Phone: (410) 260-6400

Attorneys: J. Grahame Walker & Roger Redden
Issue: Can the State constitutionally require jurors to profess a belief in God?
Summary:

Lidge Schowgurow, a member of a Mongolian ethnic group in the United States known as the Kalmyks, was convicted in 1964 of killing his wife. The defendant was an adherent of the Buddhist faith, but under Article 36 of the Maryland Declaration of Rights, Maryland required its jurors to demonstrate a belief in God. In an earlier Maryland case which progressed to the Supreme Court of the United States, Torcaso v. Watkins, 223 Md. 49, 162 A. 2d 438 (1960), the Supreme Court ruled that when this article of the Declaration of Rights was used to contest the appointment of an atheistic notary public, it was a violation of the appointee's freedom of belief. Based on this decision, Judge Oppenheimer wrote the court's opinion which upheld Mr. Schowgurow's challenges and dismissed his indictments. Mr. Schowgurow also alleged that an incriminating statement he made was inadmissable, because he had been denied a phone call to his family. The court maintained that the defendant had been well-advised of his right to remain silent and that the statement was voluntary and admissable. The case was remanded to the lower courts and the defendant was re-tried and re-convicted.
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