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ROBERT L. EHRLICH, JR., Governor Ch. 372
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In the subsections (b)(1) and (e) of this section, references to a "trial" jury
are substituted for the former reference to a "petit" jury, in accordance with
the Council on Jury Use and Management's preference for language more
understandable to the public.
In subsection (b)(1) of this section, reference to challenges after a jury is
sworn is added to conform to Md. Rule 2-512(a).
Also in subsection (b)(1) of this section, the term "voir dire", which formerly
modified "examination", is deleted in accordance with the Council on Jury
Use and Management's recommendation as the term "is unnecessary and
mystifying to potential jurors, litigants and other lay people".
Subsection (c) of this section is revised to state expressly that the decision
on access is the trial judge's.
In subsection (d) of this section, the former references to a "clerk" are
deleted as unnecessary in light of the newly defined term "jury
commissioner".
In subsection (e) of this section, reference to a "trial judge" is substituted
for the former references to a "court" as then defined, a circuit court to
avoid the inference that a majority of the judges of a circuit court must
concur.
As to "including", see Art. 1, § 30 of the Code.
Defined term: "Jury commissioner" § 8-101
8-409. IN CRIMINAL CASE.
(A) EXCLUSIVE PROCEDURE.
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.
(B) MOTION.
(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.
(C) ACCESS TO RECORD.
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- 1989 -
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