State v. Goldsberry
Annotate this CaseRespondent James Goldsberry, Jr. was tried before a jury in Prince George’s County Circuit Court and convicted of second degree felony murder, conspiracy, attempted robbery and weapons charges. He appealed the judgments of conviction to the Court of Special Appeals, where he raised a number of claims. The appellate court found merit in some claims, and reversed some of the convictions. The court remanded the case for a new trial on the attempted robbery and weapons charges, but affirmed the conviction of second degree felony murder and conspiracy to commit felony murder. Both parties sought Supreme Court review of the case. The issues presented to the Court for consideration were: (1) whether the trial court violated Respondent’s Sixth Amendment rights to representation by his counsel of choice when it dismissed one of Respondent’s three privately retained attorneys; (2) whether the trial court erred in giving the jury an instruction on an unanimous verdict; and (3) whether the appellate court erred by holding Respondent was convicted of a “non-existent” crime of second degree felony murder predicated on attempted robbery with a dangerous weapon. The Supreme Court found that the trial court did violate Respondent’s Sixth Amendment right to counsel of his choosing, and that the appellate court erred in its holding regarding the felony murder violation. The Court’s decision entitled Respondent to a new trial, and accordingly it did not address the propriety of the trial court’s jury instruction.
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