Court of Appeals of Maryland· 8/27/1999

Hayes v. State

Citations

735 A.2d 1109
355 Md. 615
1999 Md. LEXIS 496

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding in part that post-submission substitution required reversal, absent record evidence the alternate juror had remained qualified to serve
characterizing that approach as “an expansive harmless error or presumptive non-prejudice doctrine”
describing the history of the Maryland equivalent of Rule 5-605, examining federal cases dealing with post-submission substitution, describing the state courts as less unanimous in them view, and listing several approaches
presuming prejudice when an alternate juror joins the jury mid-deliberation because state law only permitted replacement before the jury retired to consider its verdict
“[A]n alternate juror who remains qualified to serve may be substituted for a regular juror who is properly discharged, until such time as the jury enters the jury room to consider its verdict and closes the door.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bell, Eldridge, Rodowsky, Raker, Wilner, Cathell, Karwacki

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Cited by

15 cases in this archive cite this case.

Cites

47 cases in this archive are cited by this case; the 20 most cited are listed.

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