Collini v. State

Convicted, after a jury trial in the Circuit Court for Harford County, of first and second degree assault, Kevin Collini, appellant, presents two questions for our review:

I. Did the trial court err in remedying a Batson violation by seating a properly struck prospective juror instead of the prospective juror whom the court found was improperly struck?

II. If preserved, did the trial court impose an illegal sentence when it took into account Collini’s invocation of his Fifth Amendment right to remain silent?

Because we conclude that the court erred in seating a properly struck prospective juror…