Collini v. State

KEVIN COLLINI v. STATE OF MARYLAND
Court of Special Appeals, Krauser, Filed Feb. 24, 2016,
Jury Selection – Abuse of discretion where trial court found Batson violation and sat juror previously struck by defense despite lack of finding of discrimination with regard to that juror


This case involves what appears to be a fundamental misapprehension with regard to Batson challenges and procedure combined with a presumed flaw in the record that may or may not have changed the court’s determination.

I’ll come back to this.

Also, the CoSA found that seating a juror with knowledge that they were struck by the defense unfairly prejudiced the defendant. And therefore that… can never be a remedy? That open peremptory challenges can’t continue?

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