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

  1. Dorsey v. StateCourt of Appeals of Maryland · 1976
  2. State v. BegynSupreme Court of New Jersey · 1961
  3. United States v. Robert G. WarnerCourt of Appeals for the Eighth Circuit · 1970
  4. United States v. Sam B. HaynesCourt of Appeals for the Fifth Circuit · 1978
  5. The People v. KatzIllinois Supreme Court · 1934

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