Latest Case: Hemming v. State (Criminal Law)

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Hemming v. State

Docket: 48/19

Opinion Date: June 26, 2020

Judge: Clayton Greene, Jr.

Areas of Law: Criminal Law

The Court of Appeals held that the bifurcated hybrid trial procedure split between two factfinders is not permitted under Maryland Rule 4-253(c) and is inconsistent with this Court's holding in Carter v. State, 824 A.2d 123 (Md. 2003). Petitioner filed a motion to bifurcate counts of possession of a regulated firearm by a prohibited person and ammunition counts from the remaining counts in an indictment. Petitioner suggested that some counts be decided by a jury and that the trial judge determine his guilt as to other counts in a singular hybrid judge/jury trial. The trial court denied the motion. Petitioner was subsequently found guilty. The Court of Appeals affirmed, holding (1) a hybrid judge/jury trial in which the judge determines the defendant's guilt with respect to the charge of possession of a regulated firearm by a prohibited person and the jury determines guilt as to the remaining charges is not permitted under Rule 4-253(c); but (2) Rule 4-253(c) permits a Joshua-style bifurcated criminal jury trial, under which the bifurcation of possession of a regulated firearm by a prohibited person counts from other charges is allowed if a defendant's guilt as to all of the charges is determined by the same factfinder. See United States v. Joshua, 976 F.2d 844 (3d Cir. 1992).