|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
|
|
|
|
(I) THE DEFENDANT WAS CONVICTED BASED ON A GUILTY PLEA;
(II) THE DEFENDANT WAS CONVICTED AFTER A TRIAL BY A COURT
SITTING WITHOUT A JURY;
(III) THE COURT, FOR GOOD CAUSE, DISCHARGED THE JURY THAT
CONVICTED THE DEFENDANT; OR
(IV) A COURT OF COMPETENT JURISDICTION REMANDED THE CASE
FOR RESENTENCING FOLLOWING A REVIEW OF THE ORIGINAL SENTENCE OF DEATH;
OR
(3) BEFORE THE COURT, IF THE DEFENDANT WAIVES A JURY
SENTENCING PROCEEDING.
(D) JURY COMPOSITION — ALTERNATE JURORS.
(1) A JUDGE SHALL APPOINT AT LEAST TWO ALTERNATE JURORS WHEN
IMPANELING A JURY FOR ANY PROCEEDING:
(I) IN WHICH THE DEFENDANT IS BEING TRIED FOR A CRIME FOR
WHICH THE DEATH PENALTY MAY BE IMPOSED; OR
(II) THAT IS HELD UNDER THIS SECTION.
(2) THE ALTERNATE JURORS SHALL BE RETAINED THROUGHOUT THE
PROCEEDINGS UNDER ANY RESTRICTIONS THAT THE JUDGE IMPOSES.
(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, IF A JUROR DIES,
IS DISQUALIFIED, BECOMES INCAPACITATED, OR IS DISCHARGED FOR ANY OTHER
REASON BEFORE THE JURY BEGINS ITS DELIBERATIONS ON SENTENCING, AN
ALTERNATE JUROR BECOMES A JUROR IN THE ORDER SELECTED, AND SERVES IN
ALL RESPECTS AS A JUROR SELECTED ON THE REGULAR TRIAL PANEL.
(4) AN ALTERNATE JUROR MAY NOT REPLACE A JUROR WHO IS
DISCHARGED DURING THE ACTUAL DELIBERATIONS OF THE JURY ON THE GUILT OR
INNOCENCE OF THE DEFENDANT OR ON SENTENCING.
(E) EVIDENCE; OPPORTUNITY FOR ARGUMENTS.
(1) THE FOLLOWING TYPE OF EVIDENCE IS ADMISSIBLE IN A
SENTENCING PROCEEDING:
(I) EVIDENCE RELATING TO A MITIGATING CIRCUMSTANCE THAT
IS LISTED UNDER SUBSECTION (H) OF THIS SECTION;
(II) EVIDENCE RELATING TO AN AGGRAVATING CIRCUMSTANCE:
1. THAT IS LISTED UNDER SUBSECTION (G) OF THIS
SECTION; AND
2. OF WHICH THE STATE PROVIDED NOTICE UNDER §
2-202(A)(1)(II) OF THIS SUBTITLE;
|
|
|
|
|
|
|
|
|
|
- 222 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
