Grade v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of first-degree murder and use of a handgun in the commission of a crime. Defendant appealed, arguing that the trial court's replacement of a juror with an alternate juror without the knowledge or acquiescence of defense counsel was a violation of Maryland Rule 4-326(d) and, therefore, reversible error. The court of special appeals affirmed, holding that no prejudice occurred by the removal of the juror. The Court of Appeals reversed and remanded, holding (1) the trial court's unilateral action in discharging the juror and replacing her with an alternate without first notifying defense counsel was error; and (2) the State did not carry its burden of establishing that Defendant was not prejudiced by the rule violation.
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