12

LAWS OF MARYLAND

Ch. 3

414. AUTOMATIC REVIEW OF DEATH SENTENCES.

(A)    WHENEVER THE DEATH PENALTY IS IMPOSED, AND THE
JUDGMENT BECOMES FINAL, THE COURT OF APPEALS SHALL REVIEW
THE SENTENCE ON THE RECORD.

(B)    THE CLERK OF THE TRIAL COURT SHALL TRANSMIT TO
THE CLERK OF THE COURT OF APPEALS THE ENTIRE RECORD AND
TRANSCRIPT OF THE SENTENCING PROCEEDING WITHIN TEN DAYS
AFTER RECEIPT OF THE TRANSCRIPT BY THE TRIAL COURT. THE
CLERK ALSO SHALL TRANSMIT THE WRITTEN FINDINGS AND
DETERMINATION OF THE COURT OR JURY AND A REPORT PREPARED BY
THE TRIAL COURT. THE REPORT SHALL BE IN THE FORM OF A
STANDARD QUESTIONNAIRE PREPARED AND SUPPLIED BY THE COURT OF
APPEALS OF MARYLAND AND SHALL INCLUDE A RECOMMENDATION BY
THE TRIAL COURT AS TO WHETHER OR NOT IMPOSITION OF THE
SENTENCE OF DEATH IS JUSTIFIED IN THE CASE.

(C)    BOTH THE STATE AND THE DEFENDANT MAY SUBMIT
BRIEFS AND PRESENT ORAL ARGUMENT WITHIN THE TIME PROVIDED BY
THE COURT.

(D)    ANY APPEAL FROM THE VERDICT SHALL BE CONSOLIDATED
IN THE COURT OF APPEALS WITH THE REVIEW OF SENTENCE.

(E)    IN ADDITION TO THE CONSIDERATION OF ANY ERRORS
PROPERLY BEFORE THE COURT ON APPEAL, THE COURT OF APPEALS
SHALL CONSIDER THE IMPOSITION OF THE DEATH SENTENCE. WITH
REGARD TO THE SENTENCE, THE COURT SHALL DETERMINE:

(1)    WHETHER THE SENTENCE OF DEATH WAS IMPOSED
UNDER THE INFLUENCE OF PASSION, PREJUDICE, OR ANY OTHER
ARBITRARY FACTOR;

(2)    WHETHER THE EVIDENCE SUPPORTS THE JURY'S OR
COURT'S FINDING OF A STATUTORY AGGRAVATING CIRCUMSTANCE
UNDER § 413(D);

(3)    WHETHER THE EVIDENCE SUPPORTS THE JURY'S OR
COURT'S FINDING THAT THE AGGRAVATING CIRCUMSTANCES ARE NOT
OUTWEIGHED BY MITIGATING CIRCUMSTANCES; AND

(4)    WHETHER THE SENTENCE OF DEATH IS EXCESSIVE
OR DISPROPORTIONATE TO THE PENALTY IMPOSED IN SIMILAR CASES,
CONSIDERING BOTH THE CRIME AND THE DEFENDANT.

(F)    (1) IN ADDITION TO ITS REVIEW PURSUANT TO ANY
DIRECT APPEAL, WITH REGARD TO THE DEATH SENTENCE, THE COURT
SHALL:

(I)    AFFIRM THE SENTENCE;

(II)   SET ASIDE THE SENTENCE AND REMAND THE
CASE FOR THE CONDUCT OF A NEW SENTENCING PROCEEDING UNDER §
4 13; OR

(III)  SET ASIDE THE SENTENCE AND REMAND FOR
MODIFICATION OF THE SENTENCE TO IMPRISONMENT FOR LIFE.