Bishop v. State

JOHN F. McAULIFFE, Judge, Retired, Specially Assigned.

This case involves the question of whether a juror’s response to a poll of a verdict in a criminal case was ambiguous, and if so, whether the trial judge’s action properly resolved the ambiguity.

I

Paul Renard Bishop was tried in the Circuit Court for Montgomery County on charges of robbery and conspiracy to commit robbery. At the conclusion of deliberations following a two-day trial, the foreman of the jury announced a verdict of guilty on both counts. Defense counsel requested that the jury be polled. The first two jurors answered “yes, it…