Legal Opinion

Johnson v. State

Court of Appeals of Maryland

Decided March 14, 2022No. 11/21Published

1Opinion of the Court

Everette William Johnson v. State of Maryland, No. 11, September Term, 2021. Opinion by Hotten, J. CRIMINAL LAW – INDICTMENTS AND CHARGING INSTRUMENTS – DUPLICITOUS CHARGES The constitutional guarantee to a unanimous jury verdict in a criminal case may be violated where a prosecutor introduces evidence of multiple distinct criminal incidents to prove a crime charged as a single count. In such circumstances, the prosecutor should be required to elect to pursue one of the incidents underlying the charge, or the jury should be provided with a special instruction that it must unanimously agree as…

2Cases cited48 opinions

  1. Ramos v. LouisianaSupreme Court of the United States · 2020
  2. People v. DiedrichCalifornia Supreme Court · 1982
  3. Rubin v. StateCourt of Appeals of Maryland · 1992
  4. Owens v. United StatesDistrict of Columbia Court of Appeals · 1985
  5. Walston v. Sun Cab Co.Court of Appeals of Maryland · 1973

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