8

LAWS OF MARYLAND

Ch, 3

(2)    BEFORE A JURY IMPANELED FOR THE PURPOSE OF

THE PROCEEDING IF:

(I)    THE DEFENDANT HAS CONVICTED UPON A
PLEA OF GUILTY;

(II)   THE DEFENDANT WAS CONVICTED AFTER A
TRIAL BEFORE THE COURT SITTING WITHOUT A JURY;

(III) THE JURY THAT DETERMINED THE
DEFENDANT'S GUILT HAS BEEN DISCHARGED BY THE COURT FOR GOOD
CAUSE; OR

(IV) REVIEW OF THE ORIGINAL SENTENCE OF
DEATH BY A COURT OF COMPETENT JURISDICTION HAS RESULTED IN A
REMAND FOR RESENTENCING; OR

(3)    BEFORE THE COURT ALONE, IF A JURY
SENTENCING PROCEEDING IS WAIVED BY THE DEFENDANT.

(C)    (1) THE FOLLOWING TYPE OF EVIDENCE IS
ADMISSIBLE IN THIS PROCEEDING:

(I)    EVIDENCE RELATING TO ANY MITIGATING
CIRCUMSTANCE LISTED IN SUBSECTION (G);

(II)   EVIDENCE RELATING TO ANY AGGRAVATING
CIRCUMSTANCE LISTED IN SUBSECTION (D) OF WHICH THE STATE HAD
NOTIFIED THE DEFENDANT PURSUANT TO § 412(B);

(III)  EVIDENCE OF ANY PRIOR CRIMINAL
CONVICTIONS, PLEAS OF GUILTY OR NOLO CONTENDERE, OR THE
ABSENCE OF SUCH PRIOR CONVICTIONS OR PLEAS, TO THE SAME
EXTENT ADMISSIBLE IN OTHER SENTENCING PROCEDURES;

(IV)   ANY PRESENTENCE INVESTIGATION REPORT-
HOWEVER, ANY RECOMMENDATION AS TO SENTENCE CONTAINED IN THE
REPORT IS NOT ADMISSIBLE; AND

(V)    ANY OTHER EVIDENCE THAT THE COURT
DEEMS OF PROBATIVE VALUE AND RELEVANT TO SENTENCE, PROVIDED
THE DEFENDANT IS ACCORDED A FAIR OPPORTUNITY TO REBUT ANY
STATEMENTS.

(2)    THE STATE AND THE DEFENDANT OR HIS COUNSEL
MAY PRESENT ARGUMENT FOR OR AGAINST THE SENTENCE OF DEATH.

(3)    AFTER PRESENTATION OF THE EVIDENCE IN A
PROCEEDING BEFORE A JURY, IN ADDITION TO ANY OTHER
APPROPRIATE INSTRUCTIONS PERMITTED BY LAW, THE COURT SHALL
INSTRUCT THE JURY AS TO THE FINDINGS IT MUST MAKE IN ORDER
TO DETERMINE WHETHER THE SENTENCE SHALL BE DEATH OR
IMPRISONMENT FOR LIFE AND THE BURDEN OF PROOF APPLICABLE TO
THESE FINDINGS IN ACCORDANCE WITH SUBSECTION (F) OR (H).

(D)    IN DETERMINING THE SENTENCE, THE COURT OR JURY,
AS THE CASE MAY BE, SHALL FIRST CONSIDER WHETHER, BEYOND A
REASONABLE DOUBT, ANY OF THE FOLLOWING AGGRAVATING