Section 8-409 - In criminal case.
§ 8-409. In criminal case.
(a) Exclusive procedure.- This section sets forth the exclusive procedure by which a party in a criminal case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.
(b) Motion.-
(1) Before examination begins in a criminal case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to dismiss a charging document or stay the case on the ground of substantial failure to comply with a provision of this title in selecting the grand or trial jury.
(2) A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.
(c) Access to record.- On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy a record as needed to prepare.
(d) Evidence.- A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:
(1) The testimony of the jury commissioner; and
(2) Relevant records, whether or not public, that the jury commissioner used.
(e) Duty of trial judge - Grand jury.-
(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a grand jury, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a grand jury and finds the failure likely to be prejudicial to the movant, the judge shall:
(i) Stay the case pending selection of a grand jury in compliance with this title; or
(ii) Dismiss the charging document.
(f) Duty of trial judge - Trial jury.-
(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.
[2006, ch. 372, § 13.]