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Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction

by Douglas Ankney

The Supreme Court of Maryland held that when there is “some evidence” in the record to support a requested jury instruction on an evidentiary inference, the trial court is required to exercise its discretion to determine whether to give the instruction, and if the trial court refuses ...

 

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