Opinion

Jones v. State

  • 310 Md. 569
  • 530 A.2d 743
  • 1987 Md. LEXIS 315
Court
Court of Appeals of Maryland
Filed
Sep 16, 1987
Status
Published
Author
McAULIFFE
On the bench
Murphy, Smith, Eldridge, Cole, Rodowsky, Couch, McAuliffe
Cited by
84 cases
Authority
More cited than 7.1%

Vacated by Jones v. Maryland, 486 U.S. 1050 (1988)

holding that no prejudice occurred when certain evidence was admitted at one point without objection and at another point over an objection

How later courts described this case

  • holding that no prejudice occurred when certain evidence was admitted at one point without objection and at another point over an objection
  • affirming first degree murder convictions and death sentence based on finding of robbery aggravator even though defendant was never charged with robbing his victims
  • defendant in capital case has no right to waive jury sentencing before guilt/innocence trial has begun; difficulty of refusing later withdrawal of waiver discussed
  • to be effective, waiver of statutory right to sentencing jury in capital case must be made knowingly and voluntarily

Written by the judges who cited it.

The opinion

McAULIFFE, Judge,

concurring and dissenting.

For the reasons given in my dissenting opinions in Mills v. State, 310 Md. 33, 74 , 527 A.2d 3 (1987), and Evans v. State, 304 Md. 487, 539 , 499 A.2d 1261 (1985), I respectfully dissent from Sections VIII and XII of the Court’s opinion and the decision to affirm the sentence of death. I join in the remainder of the opinion and the decision to affirm the convictions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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