Opinion

Sweet v. State

  • 371 Md. 1
  • 806 A.2d 265
  • 2002 Md. LEXIS 568
Court
Court of Appeals of Maryland
Filed
Aug 30, 2002
Status
Published
Author
Battaglia
On the bench
Raker, Bell, Battaglia
Cited by
30 cases
Authority
More cited than 9.8%

holding that trial court abused its discretion in refusing to ask whether the charges of second degree assault and third degree sexual offense against a minor stirred tip such strong emotional feelings that it would affect the veniremen’s impartiality

How later courts described this case

  • holding that trial court abused its discretion in refusing to ask whether the charges of second degree assault and third degree sexual offense against a minor stirred tip such strong emotional feelings that it would affect the veniremen’s impartiality
  • noting that, “[u]nder the statutory framework,” the trial court must “engage in a two-step analysis” and make specific findings before requiring an individual to register as a “sexually violent predator”
  • This Court held that the trial court abused its discretion in declining to ask a voir dire question that the defendant phrased as follows: “Do the charges [i.e., child molestation] stir up strong emotional feelings in you that would affect your ability to be fair and impartial in this case?”
  • applying Thomas to sexual abuse related crimes

Written by the judges who cited it.

The opinion

BATTAGLIA, J.

While I concur with the majority’s reasoning as to Part II, I must dissent from the majority’s decision in Part III regarding voir dire for the reasons set forth in my dissenting opinion in State v. Thomas, 369 Md. 202 , 798 A.2d 566 (2002). Accord *14 ingly, I would affirm the decision of the Court of Special Appeals.

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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