Grade v. State

The issue in this case is whether the trial court’s substitution of a juror with an alternate, without having first notified counsel of the juror communication that prompted that action and sought counsel’s response or input, violated Maryland Rule 4-326(d). Because Rule 4-326(d) vindicates the well-established right of a defendant to be present throughout the trial, including during jury deliberations, we shall hold that, under the facts of this case, it did.

A

Jaron Grade, the petitioner, was charged with, and, on December 3, 2004, was convicted by a jury in the Circuit Court for Baltimore…