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Full-Text Articles in Law
Recent Development: Colvin V. State: Not Polling The Jury Foreperson Individually After Announcing The Jury's Verdict Is A Procedural Error, Which Does Not Rise To The Level Of A Cognizable Claim Under Maryland Rule 4-345(A), Kayla M. Dinuccio
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a motion to correct an illegal sentence can only be granted if the error is based on substantive law. Colvin v. State, 450 Md. 718, 728, 150 A.3d 850, 856 (2016). Not polling the jury foreperson after she announced the jury's verdicts was a procedural error, and thus not one of the limited exceptions to correct an illegal sentence under Maryland Rule 4-345(a). Id. at 726-27, 150 A.3d at 855-56. In 1989, Roderick Colvin ("Colvin") was tried before a jury in the Circuit Court for Baltimore City on numerous charges, including murder …
Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte, Nadya Cheatham
University of Baltimore Law Forum
The Court of Appeals of Maryland held that a note from a jury, containing allegations that a juror would change her original voting position if it meant she could go home earlier, did not raise a presumption of prejudice and therefore did not require the trial judge to conduct voir dire sua sponte. Nash v. State, 439 Md. 53, 94 A.3d 23 (2014). Additionally, the court held that the trial judge did not abuse her discretion when she chose to release the jurors and remind them of their duties under oath, rather than directly assuring the impartiality of the jurors. …
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner
All Faculty Scholarship
The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
The Burdens And Benefits Of The American Jury, José F. Anderson
The Burdens And Benefits Of The American Jury, José F. Anderson
All Faculty Scholarship
There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …
Recent Developments: Lack Of Jury Impartiality Required For New Trial, Deborah Zgorski
Recent Developments: Lack Of Jury Impartiality Required For New Trial, Deborah Zgorski
University of Baltimore Law Forum
No abstract provided.