Kumar v. State
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The Court of Appeals held that this Court's holding in Kazadi v. State, 223 A.3d 554 (2020), applies to cases in which a defendant had not yet noted an appeal when the opinion was issued in Kazadi but had preserved a Kazadi issue at trial and that the Kazadi issue in this case was preserved for appellate review.
In Kazadi, the Court of Appeals held that, on request and during voir dire, a trial court must ask whether any prospective jurors are unwilling or unable to comply with the jury instructions on the fundamental principles of presumption of innocence, the defendant's right not to testify, and the State's burden of proof. The Court of Appeals in this case held that, in light of case law from the United States Supreme Court and this Court and considerations of fairness, the holding in Kazadi applies to cases in which there had not yet been a final disposition, regardless of whether a notice of appeal had been filed at the time the opinion in Kazadi was issued and in which the issue had been preserved for appellate review.
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