Gupta v. State

In this case we are asked to determine whether a trial judge’s ex parte communication with a juror violated Maryland Rule 4-326(d)(2) and, if so, whether such violation was harmless. In addition, we must determine whether a suspect can invoke his right to counsel under Miranda1 by demanding to see a lawyer while in a holding cell before interrogation begins.

For the reasons that follow, we conclude that although the trial judge did violate Rule 4-326(d)(2), that error was harmless beyond a reasonable doubt. In addition, we hold that the Petitioner did not invoke his Miranda right to counsel by…