Last week, the Court of Appeals granted certiorari in four cases, including one bypass, to squarely address whether Maryland should adopt the Daubert standard for admitting expert testimony:
Jonathan Hemming v. State of Maryland – Case No. 48, September Term, 2019
(Unreported CSA Opinion by Wells, J.)
Issues – Criminal Law – 1) Does a trial court have discretion under Md. Rule 4-253 to bifurcate separate counts between judge and jury in a single trial? 2) Did the trial court mistakenly believe that it had no authority under Rule 4-253 to bifurcate separate counts between judge and jury in a single trial and, as a result, fail to exercise its discretion under the rule? 3) Assuming, arguendo, that the trial court recognized and exercised its discretion, was the court’s refusal to bifurcate the counts charging possession of a regulated firearm by a disqualified person and possession of ammunition by a disqualified person from the remaining counts of the indictment an abuse of discretion under the circumstances of this case?