Opinion

Carter v. State

  • 374 Md. 693
  • 824 A.2d 123
  • 2003 Md. LEXIS 259
Court
Court of Appeals of Maryland
Filed
May 14, 2003
Status
Published
Author
Eldr1dge
On the bench
Battaglia, Eldr, Dge
Cited by
29 cases

holding that, when a defendant admits or stipulates to previous-conviction element of a firearms offense, the previous conviction should not be described to the jury with particularity

How later courts described this case

  • holding that, when a defendant admits or stipulates to previous-conviction element of a firearms offense, the previous conviction should not be described to the jury with particularity
  • discussing severance of counts and bifurcation of elements within a single count and blending the two distinct concepts
  • explaining that a reliable jury determination requires “a full appreciation of the criminality of one’s behavior.”
  • adopting the holding of Old Chief in the context of a state statute that bars an individual from possessing a firearm if he or she has been convicted of a crime of violence or any felony

Written by the judges who cited it.

The opinion

ELDR1DGE, Judge,

concurring in part.

I concur in the result and in Part III, subpart B, of the Court’s opinion. I do not join the remainder of the majority’s opinion.

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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