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Anthony Galloway v. State of Maryland No. 120, September Term, 2001 Headnote: A trial court's bifurcation of fact-fin ders in a sing le crim inal c ase w here by a jury renders the verdict as to some counts and a judge ren ders verdic ts on other counts is neither approved nor disapprov ed. The C ourt shall refe r that issue to the Standing Comm ittee on Ru les of Prac tice and Pro cedure fo r its consideration and not reach the issue in this case. A trial judge should not, based upon the same facts, generally, render a court verdict that is inconsistent with a jury's verdict. When the factual context is the same, an inconsistent court verdict may improperly nullify a jury verdict.

Circuit Court for Baltimore C ity Case #100167017

IN THE COURT OF APPEALS OF MARYLAND No. 120 September Term, 2001

ANTHONY GALLOWAY

v.

STATE OF MARYLAND

Bell, C. J. Eldridge Raker Wilner Cathell Harrell Battaglia, JJ.

Opinion by Cathell, J. Wilner, J. Concurs Raker, Harrell and Battaglia, JJ. Dissent

Filed: October 11, 2002

On June19, 2 000, An thony Gallow ay ("appellant" ) was cha rged by the S tate in a single indictment, relating to the nonfatal sho oting of Robert Knox, w ith nine counts of criminal conduct, including attempted murder, assault, reckless endangerment, use of a handgun in the commission of a felony or crime of violence, carrying a handgun (counts 1 through 7) and possession o f a firearm after having been convicted previously of a crime (counts 8 and 9). 1 On March 20, 2001, in a pretrial hearing in the Circuit Court for

Baltimore City, appellant's counsel expressed c oncern over the pre judicial impact of appellant's prior criminal record, an element of counts 8 and 9, on the remaining seven charges. As a result, without objection from the parties, the trial court created a special

procedure 2 where, in the same criminal trial a jury would determine the guilt of appellant in

Appellant was indicted by the State on the following charges: (1) attempted murder in the first degree, Md. Code (1957, 1996 Repl. Vol.), Article 27,

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Maryland Law