Pearson v. State

437 Md. 350, 86 A.3d 1232 (2014)

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Pearson v. State

Maryland Supreme Court
437 Md. 350, 86 A.3d 1232 (2014)

  • Written by Sharon Feldman, JD

Facts

Cervante Pearson (defendant) was charged with drug-related offenses. Pearson’s codefendant requested that the court ask during voir dire whether any prospective juror, any member of his family, a friend, or any acquaintance had been the victim of a crime. The trial court declined to ask the proposed question. Pearson was convicted. Affirming, the appellate court held that the trial court did not abuse its discretion in declining to ask the proposed question. The Maryland Supreme Court granted Pearson’s petition for a writ of certiorari.

Rule of Law

Issue

Holding and Reasoning (Watts, J.)

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Casebooks

Advanced Criminal Procedure

Key Terms

  • Voir DireFrench meaning “to speak the truth,” the process by which the judge or an attorney questions a potential juror to assess the person’s suitability for sitting on the jury. Voir dire also may be used to qualify a witness as an expert during trial, or to explore certain aspects of a witness’s testimony out of the jury’s presence.
  • Peremptory StrikeA party’s right to remove a potential juror without giving a reason. Each party normally has a specified number of peremptory strikes to use during jury selection and an unlimited number of challenges for cause which are used when the party believes the potential juror cannot be impartial.
  • Challenge for CauseA party’s request to disqualify a juror that is supported by a specific reason, such as bias or prejudice, with no limit on the number of possible requests.

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