clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1969
Volume 692, Page 986   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

986                               LAWS OF MARYLAND                       [CH. 408

10. Challenging compliance with selection procedures

(a)  In criminal cases, before the voir dire examination begins, or
within seven days after the defendant discovered or could have dis-
covered, by the exercise of diligence, the grounds therefor, whichever
is earlier, the defendant may move to dismiss the indictment or stay
the proceedings against him on the ground of substantial failure to
comply with the provisions of this Article in selecting the grand or
petit jury.

(b)  In criminal cases, before the voir dire examination begins, or
within seven days after the State's Attorney discovered or could have
discovered, by the exercise of diligence, the grounds therefor, which-
ever is earlier, the State's Attorney may move to dismiss the indict-
ment or stay the proceedings on the ground of substantial failure to
comply with the provisions of this Article in selecting the grand or
petit jury.

(c)   In civil cases, before the voir dire examination begins, or
within seven days after the party discovered or could have discovered,
by the exercise of diligence, the grounds therefor, whichever is earlier,
any party may move to stay the proceedings on the ground of sub-
stantial failure to comply with the provisions of this Article in select-
ing the petit jury.

(d)   Upon motion filed under subsection (a), (b), or (c) of this
section, containing a sworn statement of facts which, if true, would
constitute a substantial failure to comply with the provisions of this
Article, the moving party shall be entitled to present in support of
such motion the testimony of the jury commissioner or clerk, any
relevant records and papers not public or otherwise available used
by the jury commissioner or clerk, and any other relevant evidence.
If the court determines that there has been a substantial failure to
comply with the provisions of Section 2 of this Article in selecting
a petit jury, the court shall stay the proceedings pending the selection
of a petit jury in conformity with this Article. If the court determines
that there has been a substantial failure to comply with any provisions
of this Article, other than those contained in Section 2, in selecting
the grand jury, and such failure is likely to be prejudicial to the mov-
ing party, the court shall stay the proceedings pending the selection
of a grand jury in conformity with this Article or dismiss the in-
dictment, whichever is appropriate. If the court determines that there
has been a substantial failure to comply with the provisions of this
Article, other than those contained in Section 2, in selecting a petit
jury, and such failure is likely to be prejudicial to the moving party,
the court shall stay the proceedings pending the selection of a petit
jury in conformity with this Article.

(e)   The procedures prescribed by this section shall be the exclusive
means by which a perso