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MARVIN MANDEL, Governor 277
IF THE COURT DETERMINES THAT THERE HAS BEEN A
SUBSTANTIAL FAILURE TO COMPLY WITH:
(1) THE PROVISIONS OF §8-103 OF THIS TITLE
IN SELECTING A PETIT JURY, THE COURT SHALL STAY THE
PROCEEDINGS PENDING THE SELECTION OF A PETIT JURY IN
CONFORMITY WITH THIS TITLE.
(2) THE PROVISIONS OF THIS TITLE, OTHER THAN
THOSE CONTAINED IN §8-103, IN SELECTING A PETIT JURY,
AND THIS 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 TITLE.
(3) THE PROVISIONS OF §8-103 OF THIS TITLE
IN SELECTING A GRAND JURY, THE COURT SHALL STAY THE
PROCEEDINGS PENDING THE SELECTION OF A GRAND JURY IN
CONFORMITY WITH THIS TITLE OR DISMISS THE INDICTMENT,
WHICHEVER IS APPROPRIATE.
(4) THE PROVISIONS OF THIS TITLE, OTHER THAN
THOSE CONTAINED IN §8-103, IN SELECTING THE GRAND
JURY, AND THIS FAILURE IS LIKELY TO BE PREJUDICIAL TO
THE MOVING PARTY, THE COURT SHALL STAY THE PROCEEDINGS
PENDING THE SELECTION OF A GRAND JURY IN CONFORMITY
WITH THIS TITLE OR DISMISS THE INDICTMENT, WHICHEVER
IS APPROPRIATE.
(E) PROCEDURES EXCLUSIVE; POST CONVICTION RELIEF.
THE PROCEDURES PRESCRIBED IN THIS SECTION ARE THE
EXCLUSIVE MEANS BY WHICH A PERSON ACCUSED OF A CRIME,
THE STATE'S ATTORNEY, OR A PARTY IN A CIVIL CASE MAY
CHALLENGE ANY JURY ON THE GROUND THAT THE JURY WAS NOT
SELECTED IN CONFORMITY WITH THE PROVISIONS OF THIS
TITLE. EXCEPT AS TO CONSTITUTIONAL QUESTIONS, NOTHING
CONTAINED IN THIS TITLE CONSTITUTES GROUNDS FOR POST
CONVICTION RELIEF UNDER THE PROVISIONS OF ARTICLE 27,
§§645A - 645J, OF THE CODE.
REVISOR'S NOTE: This section presently appears
as Art. 51, §10 (a), (b) , (c) , (d) , and (e).
Subsections (a) and (b) of the present law
are combined in the interest of brevity and
to avoid duplication. The sections deal with
motions by the defendant and State's attorney
respectively, and are identical in every
respect. In light of this, there is little
reason to retain them as separate provisions.
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