Powell v. State

GREENE, Judge.

In this case we must decide whether the Court of Special Appeals was correct in its interpretation and application of our decision in Pollitt v. State, 344 Md. 318, 686 A.2d 629 (1996).1 *682Steven Anthony Powell, petitioner, was charged with four counts of third-degree sexual offense. At his trial, Powell and the prosecutor selected a panel of twelve jurors and the court swore the jurors. Neither party requested alternate jurors and no alternate jurors were appointed. Soon thereafter, but before opening statements, one of the impanelled jurors, Juror 97, indicated to the court that…