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Thursday, December 24, 2009
Judge’s error means retrial for man convicted of murder
Washington Post
From the Associated Press: A Charles County man convicted of murdering his ex-girlfriend will get a new trial because the judge failed to follow a century-old procedure known as “hearkening” after the verdict was read.
[...]
State law requires unanimous verdicts. After the verdict is read, lawyers can ask that jurors be polled. If there’s no poll, the judge or clerk is supposed to confirm the verdict by reading a standard phrase asking the jurors to “hearken to your verdict.”
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