Huebner v. District Court

GILBERT, Chief Judge.

Gisela Huebner and her father, Hans J. Huebner, want a jury trial in the Circuit Court for Prince George’s County. The State, however, invoking the so-called “Gerstung Rule,” 1 insists that the Huebners be tried initially in the district court. The State asserts that if either or both of the Huebners are convicted in the district court, he or she would be entitled to a de novo trial on appeal. That trial may be before a jury. The Huebners, fully cognizant of their de novo -jury trial rights, insist that they, as a matter of right, are entitled under the facts of this case…