Legal Opinion

Banks v. State

Court of Special Appeals of Maryland

Decided August 30, 2013No. 659Published

1Opinion of the CourtKehoe, J.

Kelvin Banks was indicted in the Circuit Court for Montgomery County, Maryland, and charged with child sexual abuse, and two counts of third degree sexual offense. After waiving his right to a jury trial, Banks was convicted by the court of child sexual abuse and two counts of fourth degree sexual offense. In accepting Banks’s jury trial waiver, the trial court did not expressly state on the record that it found *197Banks’s decision to be knowing and voluntary. Banks asserts that the court’s failure to do so requires us to vacate his convictions and remand this case for a new trial. He is…

2Cases cited26 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Prout v. StateCourt of Appeals of Maryland · 1988
  3. Muthukumarana v. Montgomery CountyCourt of Appeals of Maryland · 2002
  4. Robinson v. StateCourt of Appeals of Maryland · 2009
  5. Owens v. StateCourt of Appeals of Maryland · 2007

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