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PARRIS N. GLENDENING, Governor
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Ch. 26
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THE DEFENDANT AND THE STATE MAY SUBMIT BRIEFS AND PRESENT ORAL
ARGUMENTS TO THE COURT OF APPEALS WITHIN THE TIME ALLOWED BY THE
COURT.
(D) CONSIDERATION BY COURT OF APPEALS.
(1) IN ADDITION TO ANY ERROR PROPERLY BEFORE THE COURT ON
APPEAL, THE COURT OF APPEALS SHALL CONSIDER THE IMPOSITION OF THE DEATH
SENTENCE.
(2) WITH REGARD TO THE DEATH SENTENCE, THE COURT OF APPEALS
SHALL DETERMINE WHETHER:
(I) THE IMPOSITION OF THE DEATH SENTENCE WAS INFLUENCED
BY PASSION, PREJUDICE, OR ANY OTHER ARBITRARY FACTOR;
(II) THE EVIDENCE SUPPORTS THE FINDING BY THE COURT OR
JURY OF A STATUTORY AGGRAVATING CIRCUMSTANCE UNDER § 2-303(G) OF THIS
TITLE; AND
(III) THE EVIDENCE SUPPORTS A FINDING BY THE COURT OR JURY
THAT THE AGGRAVATING CIRCUMSTANCES OUTWEIGH THE MITIGATING
CIRCUMSTANCES UNDER § 2-303(H) AND (I)(l) OF THIS SUBTITLE.
(3) IN ADDITION TO ITS REVIEW UNDER ANY DIRECT APPEAL, WITH
REGARD TO THE DEATH SENTENCE, THE COURT OF APPEALS SHALL:
(I) AFFIRM THE DEATH SENTENCE;
(II) SET THE DEATH SENTENCE ASIDE AND REMAND THE CASE FOR
A NEW SENTENCING PROCEEDING UNDER § 2-303 OF THIS TITLE; OR
(III) SET THE DEATH SENTENCE ASIDE AND REMAND THE CASE FOR
MODIFICATION OF THE SENTENCE TO IMPRISONMENT FOR LIFE.
(E) RULES.
THE COURT OF APPEALS MAY ADOPT RULES OF PROCEDURE FOR THE
EXPEDITED REVIEW OF DEATH SENTENCES UNDER THIS SECTION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 414.
In subsection (b)(1) of this section, the former reference to receipt of the
transcript "by the trial court" is deleted as implicit in the requirement for
the clerk "of the trial court" to send the record and transcript "after
receiving" the transcript.
In subsection (b)(3)(i) of this section, the former reference to a
questionnaire being "prepared [by the Court of Appeals]" is deleted as
implicit in light of the reference to the questionnaire being "supplied" by
the Court.
In subsection (c) of this section, the reference to submitting briefs and
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- 231 -
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