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April 8, 2009

How many judges are just right?

Leave it to Maryland's highest court to invoke Goldilocks into one of its opinions. Yep, that very same tale you remember as a kid in which the girl visits the three bears and tries the porridge and find one bowl too hot, one too cold and other just right.

The esteemed panel of the Court of Appeals found two Court of Special Appeals judges "just right" to uphold the conviction of a man of robbing a convenience store in Kent County, despite the fact that one of the judges died after arguments but before the opinion was issued.

"With the filing of this opinion, this Court will have completed a "Goldilocks" trilogy," the appeals panel wrote in its opening line of Brandon Justin Jackson v. State of Maryland.

The court noted, unanimously I might add, that they had previously determined that "more than 13 judges" deciding a case "was too much." In another case, they concluded that on a three-judge panel, when one dies but the remaining judges are split, "the number of judges are too few."

But in the most recent case, the death of the judge left two judges who concurred, so it didn't matter what the late judge thought. "In the present case, we shall fight that two judges in agreement are just right."

I wonder if in some clerk's drawer there is a draft of a dissent?

Posted by Peter Hermann at 10:06 AM | | Comments (0)
Categories: Crime humor
        

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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