tracing the right of criminal defendants to a public trial in Maryland to its common law roots, and noting that the right to “[t]he openness of criminal trials also finds penumbral support in Article 21 of the [Maryland] Declaration of Rights”
How later courts described this case
- tracing the right of criminal defendants to a public trial in Maryland to its common law roots, and noting that the right to “[t]he openness of criminal trials also finds penumbral support in Article 21 of the [Maryland] Declaration of Rights”
- holding that the petitioner's trial attorney had the right, as a member of the public, to challenge a courtroom closure on the public's behalf
- holding that trial judges have no authority beyond what is permitted by Rule 4-261 to order depositions in criminal cases
- "[I]n those situations when a trial judge reasonably should recognize that an apparent or obvious misuse of sequestration may be afoot, the judge has the right and responsibility, even absent an objection by a party, to inquire and make any required findings or take action as may be appropriate to the circumstances.”
Written by the judges who cited it.
The opinion
*122 RAKER, Judge,
concurring:
I concur in the judgment only because I believe that the trial court committed no error in this case. Edward Barry, Tharp’s counsel, was listed as a witness on the defense witness list and was never removed from the list as a potential witness.
The majority concludes that the trial court “erred from the inception in not inquiring further or not recognizing that Tharp’s attorney had been redacted from the witness list ... and thus was no longer subject to Rule 5-615.” Maj. op. at 105. I disagree. I do not think it apparent that Seller’s attorney intended to redact his witness list and, if that is what he intended to do, he need only have said so. The record in this case indicates that the prosecutor, as well as the trial judge, continued to believe that Mr. Barry remained on the list. Inasmuch as the rule mandates sequestration if the request is made before testimony commences, under the circumstances presented herein, the trial court properly sequestered Mr. Barry.
Judge WILNER has authorized me to state that he joins in the views expressed in this concurring opinion.