Legal Opinion

Dortch v. State

Court of Appeals of Maryland

Decided May 1, 1981No. [No. 98, September Term, 1980.] [No. 99, September Term, 1980.]PublishedCited by 29 opinions

1Opinion of the CourtMurphy, C. J.

The sole issue in these consolidated criminal appeals is whether, for an election of a court trial to be "voluntary” within the contemplation of Maryland Rule 735, the trial judge must make a specific inquiry of the accused on the record to determine if his decision to waive trial by jury was improperly induced by promises or by physical or mental coercion.

Maryland Rule 735 a requires that the defendant in a criminal case, prior to trial, elect in writing whether to be tried by a jury or by the court. The form and content of the written election is set forth in Rule 735 b as follows:

"Election…

2Cases cited5 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. Countess v. StateCourt of Appeals of Maryland · 1979
  4. State v. PrietCourt of Appeals of Maryland · 1981
  5. Davis v. StateCourt of Appeals of Maryland · 1976

3Cited by29 opinions

  1. Abeokuto v. StateCourt of Appeals of Maryland · 2006
  2. State v. BellCourt of Appeals of Maryland · 1998
  3. Martinez v. StateCourt of Appeals of Maryland · 1987
  4. State v. MorrisOhio Court of Appeals · 1982
  5. Smith v. StateCourt of Appeals of Maryland · 2003

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