Maryland Courts and Judicial Proceedings Section 8-301

Article - Courts and Judicial Proceedings

§ 8-301.

      (a)      In a trial in which the defendant is subject, on any single count, to a sentence of death because notice of intention to seek a sentence of death has been given under § 2-202 of the Criminal Law Article, each defendant is permitted 20 peremptory challenges and the State is permitted 10 peremptory challenges for each defendant.

      (b)      In a criminal trial in which the defendant is subject, on any single count, to a sentence of life imprisonment, including a case in which notice of intention to seek a sentence of death has not been given under § 2-202 of the Criminal Law Article, except for common law offenses for which no specific penalty is provided by statute, each defendant is permitted 20 peremptory challenges and the State is permitted 10 peremptory challenges for each defendant.

      (c)      Except as provided in subsections (a) and (b) of this section, in a criminal trial in which the defendant is subject, on any single count, to a sentence of 20 years or more, except for common law offenses for which no specific penalty is provided by statute, each defendant is permitted 10 peremptory challenges and the State is permitted 5 peremptory challenges for each defendant.

      (d)      In all other criminal cases, each party is permitted 4 peremptory challenges.

      (e)      The clerk of the court shall provide a sufficient number of prospective jurors to allow the parties to exercise the peremptory challenges permitted by this section or the Maryland Rules.



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