Maryland Courts and Judicial Proceedings Section 8-211

Article - Courts and Judicial Proceedings

§ 8-211.

      (a)      In a criminal case, before the voir dire examination begins, the defendant or State's Attorney, as the case may be, may move to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury.

      (b)      In a civil case, before the voir dire examination begins, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the petit jury.

      (c)      After a motion is filed under subsection (a) or (b) of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party is entitled to present the testimony of the jury commissioner or clerk, any relevant records and papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence in support of his motion.

      (d)      If the court determines that there has been a substantial failure to comply with:

            (1)      The provisions of § 8-103 of this title in selecting a petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title.

            (2)      The provisions of this title, other than those contained in § 8-103, in selecting a petit jury, and this failure is likely to be prejudicial to the moving party, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title.

            (3)      The provisions of § 8-103 of this title in selecting a grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate.

            (4)      The provisions of this title, other than those contained in § 8-103, in selecting the grand jury, and this failure is likely to be prejudicial to the moving party, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate.

      (e)      The procedures prescribed in this section are the exclusive means by which a person accused of a crime, the State's Attorney, or a party in a civil case may challenge any jury on the ground that the jury was not selected in conformity with the provisions of this title. Except as to constitutional questions, nothing contained in this title constitutes grounds for postconviction relief under the provisions of Title 7 of the Criminal Procedure Article.



This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.