Legal Opinion · Dissent

Kelly v. State

Court of Appeals of Maryland

Decided May 8, 2006No. 49, September Term, 2005Published

1Dissent

*544RAKER, J.,

dissenting, in which HARRELL, J., joins.

To reverse this case would be a travesty upon justice. Petitioner received a fair trial before a fair judge, and was not deprived of due process in any way. In addition, petitioner was not denied his right to be present at every critical stage of the trial when, in petitioner’s absence, the trial judge received a proffer of the State’s proposed evidence to determine whether a witness for the State would be permitted to testify before the jury. I agree with the Court of Special Appeals that the judgments of conviction should be affirmed. Kelly…

2Cases cited29 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Chambers v. MississippiSupreme Court of the United States · 1973
  4. Washington v. TexasSupreme Court of the United States · 1967
  5. Illinois v. AllenSupreme Court of the United States · 1970

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