Legal Opinion · Dissent
Sherman v. State
Court of Appeals of Maryland
Decided October 21, 1980No. [No. 29, September Term, 1980.]Published
1DissentMurphy, C. J.
While I agree with the Court that there was a failure of compliance with Rule 758 a, I think the rule violation was harmless beyond a reasonable doubt under the standard *643adopted in Dorsey v. State, 276 Md. 638, 350 A.2d 665 (1976). That standard, applicable only to criminal appeals, is as follows:
"[wjhen an appellant, in a criminal case, establishes error, unless a reviewing court, upon its own independent review of the record, is able to declare a belief, beyond a reasonable doubt, that the error in no way influenced the verdict, such error cannot be deemed 'harmless’ and a reversal is…
2Cases cited10 opinions
- Dorsey v. StateCourt of Appeals of Maryland · 1976
- State v. BegynSupreme Court of New Jersey · 1961
- United States v. Robert G. WarnerCourt of Appeals for the Eighth Circuit · 1970
- United States v. Sam B. HaynesCourt of Appeals for the Fifth Circuit · 1978
- The People v. KatzIllinois Supreme Court · 1934
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