Fields v. State and Colkley v. State (Ct. of Special Appeals)

Filed February 2, 2007. Opinion by Judge Arrie W. Davis.

From the official headnote of the case:

MARYLAND RULE 4-326(D); DENICOLIS v. STATE, 378 MD. 646 (2003); MORA v. STATE, 355 MD. 639 (1999); COMMUNICATIONS BY COURT WITH JURY; THE STATE FAILED TO SHOULDER ITS BURDEN TO SHOW THAT COURT PROPERLY INFORMED APPELLANTS THAT THE JURY HAD SUBMITTED A NOTE MARKED AS EXHIBIT #4 MAKING INQUIRY ABOUT EXPERT BALLISTICS TESTIMONY PROBATIVE OF THE CENTRAL ISSUE OF CRIMINAL AGENCY OR THAT THE HANDLING OF THE NOTE, WHICH NEITHER THE COURT NOR COUNSEL RECALLED, COMPORTED WITH THE REQUIREMENTS OF MD. RULE 4-326; THE INEXPLICABLE CIRCUMSTANCES CONSTITUTE REVERSIBLE ERROR; ASSUMING, ARGUENDO, THAT THE COURT NEVER TOOK ACTION WITH RESPECT TO THE NOTE, APPELLANTS WERE NEVERTHELESS DENIED THE RIGHT TO BE PRESENT AT A CRITICAL STAGE OF THE PROCEEDINGS AND, MOREOVER, THE JURY WAS NOT PROVIDED WITH AN ANSWER TO ITS INQUIRY TO WHICH IT WAS ENTITLED; SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION; RIGHT TO SPEEDY TRIAL; IN LIGHT OF PRECEDENT REGARDING WEIGHING OF FACTORS IN DETERMINATION OF RIGHT TO SPEEDY TRIAL, THE CIRCUIT COURT DID NOT ERR IN DENYING APPELLANTS’ MOTIONS TO DISMISS.

The opinion is available in PDF format.