APPLICABLE TEXTS United States Constitution, Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Maryland Constitution, Art. II, 20. Power of Governor to grant reprieves and pardons, remit fines and forfeitures. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases, in which he is prohibited by other Articles of this Constitution; and to remit fines and forfeitures for offenses against the State; but shall not remit the principal or interest of any debt due the State, except, in cases of fines and forfeitures; and before granting a nolle prosequi, or pardon, he shall give notice, in one or more newspapers, of the application made for it, and of the day on, or after which, his decision will be given; and in every case, in which he exercises this power, he shall report to either Branch of the Legislature, whenever required, the petitions, recommendations and reasons, which influenced his decision. Maryland Declaration of Rights, Article 16. Sanguinary laws to be avoided; cruel and unusual punishment. That sanguinary Laws ought to be avoided as far as it is consistent with the safety of the State; and no Law to inflict cruel and unusual pains and penalties ought to be made in any case, or at any time, hereafter. Maryland Declaration of Rights, Article 25. Excessive bail, fines and punishment. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted, by the Courts of Law. Art. 27, 71. Convicted person sentenced to death by administration of lethal gas; remand to place where indictment was found. If an offender, on conviction, may be sentenced to suffer death, the court before whom such offender shall be tried and convicted, shall sentence him to suffer death by the administration of a lethal gas; and when a case has been removed for trial and the party shall be sentenced to death, the court shall remand him to the place where the indictment was found, where such offender shall remain in the custody of the sheriff of that county or city for disposition as hereinafter provided. Art. 27, 72. Place of inflicting death penalty. Punishment of death must be inflicted within the walls of the building hereinafter provided. Art. 27, 73. Death chamber; conduct of executions. The warden of the Maryland Penitentiary is hereby authorized and directed to provide and maintain a permanent death chamber within the confines of said penitentiary, and which said death chamber shall have all the necessary appliances for the proper execution of felons by the administration of a lethal gas. In said death chamber shall be executed all felons upon whom the death penalty has been imposed, for offenses committed on or after January 1st, 1923. Each execution shall be conducted by the said warden or some assistant or assistants designated to him, in the presence of the sheriff of the county or city where such felon was indicted, the physician of the said penitentiary, or his assistant, and a number of respectable citizens numbering not less than six or more than twelve. Counsel for the convict and two ministers of the gospel may be present. Art. 27, 74. Custody of felon after sentence; notification to Governor; duty of clerk of court where case removed. When a person is sentenced to the punishment of death, the judge presiding in the court at which the conviction takes place, shall cause the said felon to be taken into custody by the sheriff of the county or city where he was indicted, and to be held by him in solitary confinement as hereinafter provided when said felon is in the penitentiary, as long as said felon shall remain within the custody of the said sheriff, and immediately upon conviction the clerk of the court where the said felon was indicted shall make out, sign and deliver to the Governor of the State of Maryland, a copy of the docket entries in said case, showing fully the sentence of the court and the date thereof, and it shall be the duty of the clerk of the court where such sentence is pronounced in case the indictment therein was procured in another county or city, and the case removed thereto, to immediately upon conviction and sentence, certify the proceedings to the clerk of the circuit court from whence said case was removed and the duty of the clerk of the court upon the receipt of the mandate as to the notification to the Governor, shall be as hereinbefore provided. Art. 27, 75. Warrant for execution; revocation by Governor; stay of execution; time of execution. (a) Issuance and contents of warrant; effect of other proceedings on warrant; another warrant after stay of execution.- When a person is sentenced to the punishment of death, the judge or judges presiding in the court shall, at the time of passing sentence, make out, sign and issue a warrant directed to the warden of the Maryland Penitentiary, stating the conviction and sentence and appointing a week within which the sentence must be executed, and commanding the said warden to execute the sentence upon some day within the week so appointed. If a proceeding is instituted in any federal or State court to test the validity of the conviction, other than by an appeal to the Court of Special Appeals or on certiorari in the Court of Appeals, or if a proceeding is instituted in any State court under 75A of this article to determine the incompetency of the defendant, the warrant shall remain in full force and effect unless the court, in which such proceeding is instituted, shall pass an order revoking the warrant. In any case in which a stay of execution has resulted by reason of an appeal to the Court of Special Appeals or on certiorari in the Court of Appeals after compliance with the requirements of Title 12 of the Courts Article on appeals in criminal cases and the judgment has been affirmed, and in any case in which the warrant has been revoked by the order of a court in a proceeding to test the validity of the conviction and the conviction has not been set aside, or in a proceeding under 75A of this article in which the defendant has been found to be competent, the judge that imposed the sentence or the judge then presiding in the trial court in which the sentence was imposed shall make out, sign and issue another warrant of execution in the manner and to the effect hereinbefore prescribed. (b) Revocation of warrant where defendant pregnant.-If after medical examination, it shall appear to the satisfaction of the Governor that a female defendant, sentenced to the punishment of death, is pregnant, the Governor shall revoke the warrant previously issued for the execution of the defendant. As soon as the Governor is satisfied that such female defendant is no longer pregnant, he shall issue forthwith his warrant appointing a week within which the sentence must be executed. (c) Stay of execution by Governor.-The Governor shall have the power, in his discretion, to grant a stay for any cause and, upon so doing, he shall issue an order revoking the warrant theretofore issued. Thereafter, the sentence shall not be executed until the Governor shall issue his warrant appointing a week within which the sentence must be executed. (d) Notice to warden upon revocation of warrant or stay of execution.-When a warrant is revoked by an order of court or its execution is stayed, the clerk of the court by which the warrant is revoked, or the clerk of the court by which the sentence was imposed in the case of an appeal to the Court of Special Appeals or on certiorari in the Court of Appeals and the compliance with the requirements of Title 12 of the Courts Article on appeals in criminal cases, shall notify the warden forthwith, by telephone if necessary, that said warrant has been revoked or its execution has been stayed, as the case may be, and shall transmit forthwith to the warden a certificate that said warrant has been revoked or its execution stayed. The Governor shall notify the warden forthwith of the revocation of a warrant by him. (e) Time of execution; announcements concerning time.- Each warrant for the execution of a person sentenced to suffer the death penalty shall appoint a week within which the sentence must be executed, and shall command the warden to execute the sentence upon some day within the week so appointed. The week so appointed must begin not less than four (4) weeks and not more than eight (8) weeks after the issuance of the warrant. The time of the execution within such week shall be left to the discretion of the warden of the Maryland Penitentiary. No previous announcement of the day or hour of the execution shall be made except to the persons who shall be invited or permitted to be present at the execution, as hereinbefore provided. Article 27, 75A - Incompetent Inmates. (a) Definitions - In this section, the following words have the meanings indicated: (1) "Inmate" means an individual who has been convicted of murder and sentenced to death; and (2) (i) "Incompetent" means the state of mind of an inmate who, as a result of a mental disorder or mental retardation, lacks awareness: 1. Of the fact of his or her impending execution; and 2. He or she is to be executed for the crime of murder. (ii) An inmate is not incompetent merely because his or her competence is dependent upon continuing treatment, including the use of medication. (b) Execution of incompetent inmate prohibited. -The State may not execute the death sentence against an inmate who has become incompetent. (c) Petition alleging incompetence and seeking revocation of warrant; representation of inmate; proceedings to determine competency. - (1) The following individuals may file a petition alleging that an inmate is incompetent and seeking to revoke the warrant to execute the death sentence against the inmate; (i) The inmate; (ii) If the inmate is represented by counsel, counsel for the inmate; or (iii) If the inmate is not represented by counsel, any other person on the inmate's behalf. (2) The petition shall be filed in the circuit court of the county in which the inmate is confined. (3) The petition must be accompanied by an affidavit of at least one psychiatrist, based, at least in part, on personal examination, attesting: (i) That, in the psychiatrist's medical opinion, the inmate is incompetent; and (ii) The pertinent facts on which the opinion is based. (4) A copy of the petition shall be served on the Attorney General and the Office of the State's Attorney who prosecuted the inmate, in accordance with the service requirements of the Maryland Rules. (5) Unless the inmate is already represented by counsel, the court shall promptly appoint the public defender, or, if the public defender for good cause declines representation, other counsel to represent the inmate in the proceeding. (6) Unless the State stipulates to the inmate's incompetence, it shall cause the inmate to be examined and evaluated by one or more psychiatrists of its choosing. (7) The inmate is entitled to be independently examined by a psychiatrist of the inmate's choosing, provided the request is reasonable and timely made. (8) Unless, with the court's approval, the parties waive a hearing, the administrative judge of the court shall designate a time for an evidentiary hearing to determine the inmate's competence. The hearing shall be held without a jury in court, at the place where the inmate is confined, or at any other convenient place. (9) At the hearing, the inmate: (i) Subject to the reasonable restrictions related to the inmate's condition, has the right to be present; (ii) Has the right through counsel to offer evidence, cross-examine witnesses against the inmate, and make argument; and (iii) Has the burden of establishing incompetence by a preponderance of the evidence. (d) Order declaring inmate competent or incompetent; issuance of new warrant; revocation of warrant and modification of sentence; appeal.-(1) The court shall enter an order declaring the inmate to be competent or incompetent and stating the findings on which the conclusion is based. (2) If the court finds the inmate to be competent and has previously revoked the warrant to execute the death sentence pursuant to 75(a) of this article, it shall notify the court in which the sentence of death was imposed to issue a new warrant for execution. (3) If the court finds the inmate to be incompetent it shall revoke the warrant to execute the death sentence and remand the case to the court in which the sentence of death was imposed, which shall strike the sentence of death and enter in its place a sentence of life imprisonment without the possibility of parole. The sentence shall be mandatory and may not be suspended, in whole or in part. (4) There is no right of appeal from the court's order. However, either party may seek review in the Court of Appeals by filing an application for leave to appeal in accordance with the Maryland Rules. (e) Subsequent petition by inmate.-(1) Not earlier than 6 months after a finding of competence, the inmate may petition the court for a redetermination of competence. (2) A petition under this subsection must be accompanied by an affidavit of at least one psychiatrist, based, at least in part, on personal examination, attesting: (i) That, in the psychiatrist's medical opinion, the inmate is incompetent; (ii) That the incompetence arose since the prior finding of competence; and (iii) The pertinent facts on which each opinion is based, including the facts that show the change in the inmate's condition since the prior finding. (3) Proceedings on a petition under this subsection shall be in accordance with subsections (c) and (d) of this section. (f) Forms of petitions and pleadings; procedure.-The form of petitions and all other pleadings, and except as otherwise provided in this section, the procedures to be followed by the circuit court in determining competency or incompetency and by the Court of Appeals in reviewing applications for leave to appeal shall be as specified in the Maryland Rules. (g) Power of Governor to stay execution.-This section does not affect the power of the Governor to stay execution of a death sentence under 75(c) of this article or to commute a sentence under Article 41, 4-513 of the Code. Art. 27, 76. Custody of convict after sentence; city or county not assessable for expense of detention in penitentiary or other State institutions. Immediately upon sentence of death being pronounced upon any convict by any court of this State, the convict shall be taken into custody by the sheriff of the county or city wherein he wa indicted, and held by him under such guard or guards as the sheriff shall determine to be necessary, and as soon thereafter as possible, said convict shall be, by the said sheriff delivered to the warden of the Maryland Penitentiary, to await the execution of his sentence by the said warden as aforesaid. No expense incident to the detention of the said convict in the Maryland Penitentiary, including the expense of guarding, lodging, feeding, clothing and caring for such convict, shall be assessed against, billed to or paid by the county commissioners of the county where said convict was indicted, or the Mayor and City Council of Baltimore, if indicted in Baltimore City. No expense incident to the guarding, lodging, feeding, clothing and caring for any person sentenced to any State institution shall be assessed against, billed to or paid by the county commissioners of the county where such person was indicted, or the Mayor and City Council of Baltimore, if indicted in Baltimore City, irrespectively of whether or not the judgment, upon which such sentence is imposed, is thereafter reversed. Art. 27, 77. Service of notice of reprieve or stay of execution; service of mandate of court in subsequent proceedings; proceedings upon resentencing; new trial Should the condemned felon, while in the custody of the warden of the Maryland Penitentiary or the sheriff of the county or city where he was indicted, be granted a reprieve by the Governor, or should the execution of the sentence be stayed by any competent judicial proceeding, notice of such reprieve or stay of execution shall be served upon the said warden or sheriff, as well as upon the condemned felon, and the said warden or sheriff shall yield obedience to the same, and said felon shall remain in the custody of said warden or sheriff where he happens to be at the time of that notice. In any subsequent proceeding the mandate of the court having regard to the condemned felony shall be served upon the warden or sheriff, then having said felony in custody, as well as the said felon. Should the said felon be resentenced by the court, then the proceedings shall be as hereinbefore provided under the original sentence. Should a new trial be granted such condemned felon after he has been conveyed to the penitentiary, then he shall be conveyed back to the place of trial by such guard or guards as the warden may direct, their expenses to be paid as is now provided by law for the conveyance of convicts to the house of correction. Art. 27, 78. Disposition of body after execution Upon application of the relatives of the person convicted, the body after execution shall be returned to their address and at their cost, otherwise burial shall be provided for as such warden shall arrange and determine. Art. 27, 79. Certificate of Execution. The warden aforesaid must prepare and sign a certificate, setting forth the time and place of execution, and that the execution was conducted in conformity to the sentence of the court, and the provisions of this subtitle, and must request all persons present and witnessing the execution to sign and certificate. He must cause such certificate to be filed, within ten days after the execution, in the office of the clerk of the court in which the felony was indicted. Art. 27, 412. Punishment for murder. (a) Designation of degree by court or jury.--If a person is found guilty of murder, the court or jury that determined the person's guilt shall state in the verdict whether the person is guilty of murder in the first degree or murder in the second degree. (b) Penalty for first degree murder.--Except as provided under subsection (f) of this section, a person found guilty of murder in the first degree shall be sentenced to death, imprisonment for life, or imprisonment for life without the possibility of parole. The sentence shall be imprisonment for life unless: (1)(i) the State notified the person in writing at least 30 days prior to trial that it intended to seek a sentence of death, and advised the person of each aggravating circumstance upon which it intended to rely, and (ii) a sentence of death is imposed in accordance with 413; or (2) the State notified the person in writing at least 30 days prior to trial that it intended to seek a sentence of imprisonment for life without the possibility of parole under 412 or 413 of this article. (c) Penalty for second degree murder.--A person found guilty of murder in the second degree shall be sentenced to imprisonment for not more than 30 years. (d) Court to determine possibility of parole.--Except as provided by 413 of this article, the court shall decide whether to impose a sentence of life imprisonment or life imprisonment without the possibility of parole. (e) Definitions.--(1) In this section, the following terms have the meanings indicated. (2) "Imprisonment for life without the possibility of parole" means imprisonment for the natural life of an inmate under the custody of a correctional institution, including the Patuxent Institution. (3) "Mentally retarded" means the individual has significantly subaverage intellectual functioning as evidenced by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and impairment in adaptive behavior, and the mental retardation is manifested before the individual attains the age of 22. (f) Penalty for defendants less than 18 years old or mentally retarded defendants.--(1) If a person found guilty of murder in the first degree was, at the time the murder was committed, less than 18 years old or if the person establishes by a preponderance of the evidence that the person was, at the time the murder was committed, mentally retarded, the person shall be sentenced to imprisonment for life or imprisonment for life without the possibility of parole and may not be sentenced to death. (2) The sentence shall be imprisonment for life unless the State notified the person in writing at least 30 days prior to trial that the State intended to seek a sentence of imprisonment for life without the possibility of parole under this section or 413 of this article. Art. 27, 413. Sentencing procedure upon finding of guilty of first degree murder. (a) Separate sentencing proceeding required. -- If a person is found guilty of murder in the first degree, and if the State had given the notice required under 412 (b), a separate sentencing proceeding shall be conducted as soon as practicable after the trial has been completed to determine whether he shall be sentenced to death. (b) Before whom proceeding conducted. -- This proceeding shall be conducted: (1) Before the jury that determined the defendant's guilt; or (2) Before a jury impaneled for the purpose of the proceeding if: (i) The defendant was 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) Evidence; argument; instructions. -- (1) The following type of evidence is admissible in this proceeding: (i) Evidence relating to any mitigating circumstance listed in subsection (g) of this section; (ii) Evidence relating to any aggravating circumstance listed in subsection (d) of this section of which the State had notified the defendant pursuant to 412 (b) of this article; (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, imprisonment for life without the possibility of parole, or imprisonment for life, and the burden of proof applicable to these findings in accordance with subsection (f) or subsection (h) of this section. (d) Consideration of aggravating circumstances. --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 circumstances exist: (1) The victim was a law enforcement officer who was murdered while in the performance of his duties. (2) The defendant committed the murder at a time when he was confined in any correction institution. (3) The defendant committed the murder in furtherance of an escape or an attempt to escape from or evade the lawful custody, arrest, or detention of or by an officer or guard of a correctional institution or by a law enforcement officer. (4) The victim was taken or attempted to be taken in the course of a kidnapping or abduction or an attempt to kidnap or abduct. (5) The victim was a child abducted in violation of 2 of this article. (6) The defendant committed the murder pursuant to an agreement or contract for remuneration or the promise of remuneration to commit the murder. (7) The defendant engaged or employed another person to commit the murder and the murder was committed pursuant to an agreement or contract for remuneration or the promise of remuneration. (8) At the time of the murder, the defendant was under sentence of death or imprisonment for life. (9) The defendant committed more than one offense of murder in the first degree arising out of the same incident. (10)The defendant committed the murder while committing or attempting to commit a carjacking, armed carjacking, robbery, arson in the first degree, rape or sexual offense in the first degree. (e) Definitions. -- As used in this section, the following terms have the meanings indicated unless a contrary meaning is clearly intended from the context in which the term appears: (1) The terms "defendant" and "person", except as those terms appear in subsection (d) (7) of this section, include only a principal in the first degree. (2) The term "correctional institution" includes any institution for the detention or confinement of persons charged with or convicted of a crime, including Patuxent Institution, any institution for the detention or confinement of juveniles charged with or adjudicated as being delinquent, any hospital in which the person was confined pursuant to an order of a court exercising criminal jurisdiction. (3) (i) The term "law enforcement officer" has the meaning given in 727 of Article 27. (ii) The term "law enforcement officer", as used in subsection (d) of this section, includes: 1. An officer serving in a probationary status; 2. A parole and probation officer; 3. A law enforcement officer of a jurisdiction outside of Maryland; and 4. If the law enforcement officer is wearing the uniform worn by the law enforcement officer while acting in an official capacity or is prominently displaying his official badge or other insignia of office, a law enforcement officer privately employed as a security officer or special policeman under the provisions of Article 41, 4-901 through 4-913 of the Code. (4) "Imprisonment for life without the possibility of parole" means imprisonment for the natural life of an inmate under the custody of a correctional institution, including the Patuxent Institution. (f) Finding that no aggravating circumstances exist. -- If the court or jury does not find, beyond a reasonable doubt, that one or more of these aggravating circumstances exist, it shall state that conclusion in writing, and a sentence of death may not be imposed. (g) Consideration of mitigating circumstances. --If the court or jury finds, beyond a reasonable doubt, that one or more of these aggravating circumstances exist, it shall then consider whether, based upon a preponderance of the evidence, any of the following mitigating circumstances exist: (1) The defendant has not previously (i) been found guilty of a crime of violence; (ii) entered a plea of guilty or nolo contendere to a charge of a crime of violence; or (iii) had a judgment of probation on stay of entry of judgment entered on a charge of a crime of violence. As used in this paragraph, "crime of violence" means abduction, arson in the first degree, escape, kidnapping, manslaughter, except involuntary manslaughter, mayhem, murder, robbery, carjacking or armed carjacking, or rape or sexual offense in the first or second degree, or an attempt to commit any of these offenses, or the use of a handgun in the commission of a felony or another crime of violence. (2) The victim was a participant in the defendant's conduct or consented to the act which caused the victim's death. (3) The defendant acted under substantial duress, domination or provocation of another person, but not so substantial as to constitute a complete defense to the prosecution. (4) The murder was committed while the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired as a result of mental incapacity, mental disorder or emotional disturbance. (5) The youthful age of the defendant at the time of the crime. (6) The act of the defendant was not the sole proximate cause of the victim's death. (7) It is unlikely that the defendant will engage in further criminal activity that would constitute a continuing threat to society. (8) Any other facts which the jury or the court specifically sets forth in writing that it finds as mitigating circumstances in the case. (h) Weighing aggravating and mitigating circumstances. - - (1) If the court or jury finds that one or more of these mitigating circumstances exist, it shall determine whether, by a preponderance of the evidence, the aggravating circumstances outweigh the mitigating circumstances. (2) If it finds that the aggravating circumstances outweigh the mitigating circumstances, the sentence shall be death. (3) If it finds that the aggravating circumstances do not outweigh the mitigating circumstances, a sentence of death may not be imposed. (i) Determination to be written and unanimous. --The determination of the court or jury shall be in writing, and, if a jury, shall be unanimous and shall be signed by the foreman. (j) Statement required in determination. -- The determination of the court or jury shall state, specifically: (1) Which, if any, aggravating circumstances it finds to exist; (2) Which, if any, mitigating circumstances it finds to exist; (3) Whether any aggravating circumstances found under subsection (d) outweigh the mitigating circumstances found under subsection (g) of this section; (4) Whether the aggravating circumstances found under subsection (d) do not outweigh mitigating circumstances under subsection (g); and (5) The sentence, determined in accordance with subsection (f) or (h). (k) Imposition of sentence. -- (1) If the jury determines that a sentence of death shall be imposed under the provisions of this section, then the court shall impose a sentence of death. (2) If the jury, within a reasonable time, is not able to agree as to whether a sentence of death shall be imposed, the court may not impose a sentence of death. (3) If the sentencing proceeding is conducted before a court without a jury, the court shall determine whether a sentence of death shall be imposed under the provisions of this section. (4) If the court or jury determines that a sentence of death may not be imposed, and the State did not give the notice required under 412 (b) of this article of intention to seek a sentence of life imprisonment without the possibility of parole, the court shall impose a sentence of life imprisonment. (5) If the State gives the notice required under 412 (b) of this article of intention to seek a sentence of imprisonment for life without the possibility of parole but does not give notice of intention to seek the death penalty, the court shall conduct a separate sentencing proceeding as soon as practicable after the trial has been completed to determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole. (6) If the State gives the notice required under 412 (b) of this article of intention to seek the death penalty in addition to the notice of intention to seek a sentence of imprisonment for life without the possibility of parole, and the court or jury determines that a sentence of death may not be imposed under the provisions of this section, that court or jury shall determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole. (7) (i) In determining whether to impose a sentence of imprisonment for life without the possibility of parole, a jury shall agree unanimously on the imposition of a sentence of imprisonment for life without the possibility of parole. (ii) If the jury agrees unanimously to impose a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life without the possibility of parole. (iii) If the jury, within a reasonable time, is not able to agree unanimously on the imposition of a sentence of imprisonment for life without the possibility of parole, the court shall dismiss the jury and impose a sentence of imprisonment for life. (8) If the State gives the notice required under 412 of this article of the State's intention to seek a sentence of imprisonment for life without the possibility of parole, the court shall conduct a separate sentencing proceeding as soon as practicable after the trial has been completed to determine whether to impose a sentence of imprisonment for life or imprisonment for life without the possibility of parole. (l) Rules of procedure. -- The Court of Appeals may adopt rules of procedure to govern the conduct of a sentencing proceeding conducted pursuant to this section, including any forms to be used by the court or jury in making its written findings and determinations of sentence. (m) Alternate jurors. -- (1) A judge shall appoint at least 2 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) Which is held under the provisions of this section. (2) The alternate jurors shall be retained during the length of the proceedings under such restrictions and regulations as the judge may impose. (3) (i) If any juror dies, becomes incapacitated, or disqualified, or is discharged for any other reason before the jury begins its deliberations on sentencing, an alternate juror becomes a juror in the order in which selected, and serves in all respects as those selected on the regular trial panel. (ii) 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 the issue of sentencing. Art. 27, 413A. Jury instructions for defendants with possible life sentences. A judge may not instruct the jury that the jury must assume that a sentence for life imprisonment is for the natural life of the defendant. Art. 27, 414. Automatic review of death sentences. (a) Review by Court of Appeals required. -- Whenever the death penalty is imposed, and the judgment becomes final, the Court of Appeals shall review the sentence on the record. (b) Transmission of papers to Court of Appeals. --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) Briefs and oral argument. -- Both the State and the defendant may submit briefs and present oral argument within the time provided by the Court. (d) Consolidation of appeals. -- Any appeal from the verdict shall be consolidated in the Court of Appeals with the review of sentence. (e) Considerations by Court of Appeals. -- 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 outweigh the mitigating circumstances; and (f) Decision of Court of Appeals. -- In addition to its review pursuant to any direct appeal, with regard to the death sentence, the Court shall: (1) Affirm the sentence; (2) Set aside the sentence and remand the case for the conduct of a new sentencing proceeding under 413; or (3) Set aside the sentence and remand for modification of the sentence to imprisonment for life. (g) Rules of procedure. -- The Court may adopt rules of procedure to provide for the expedited review of all death sentences pursuant to this section. Art. 27, 645A. Right of appeal of convicted persons. (a) Right to institute proceeding to set aside or correct sentence; time of filing initial proceeding. --(1) Subject to the provisions of paragraphs (2) and (3) of this subsection, any person convicted of a crime and either incarcerated under sentence of death or imprisonment or on parole or probation, including any person confined or on parole or probation as a result of a proceeding before the District Court who claims that the sentence or judgment was imposed in violation of the Constitution of the United States or the Constitution or laws of this State, or that the court was without jurisdiction to impose the sentence, or that the sentence exceeds the maximum authorized by law, or that the sentence is otherwise subject to collateral attack upon any ground of alleged error which would otherwise be available under a writ of habeas corpus, writ of coram nobis, or other common-law or statutory remedy, may institute a proceeding under this subtitle in the circuit court for the county to set aside or correct the sentence, provided the alleged error has not been previously and finally litigated or waived in the proceedings resulting in the conviction, or in any other proceeding that the petitioner has taken to secure relief from his conviction. (2) A person may not file more than 2 petitions, arising out of each trial, for relief under this subtitle. (3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, in a case in which a sentence of death has been imposed, the circuit court may not exercise jurisdiction over an initial proceeding under this subheading unless the petition for the initial proceeding is filed within 240 days after the date of: 1. An order denying a petition for a writ of certiorari by the Supreme Court of the United States; 2. A decision affirming the death sentence by the Supreme Court of the United States; or 3. The expiration of the time for seeking review by the Supreme Court of the United States if no review is sought. (ii) The circuit court may extend the period within which the petition for an initial proceeding shall be filed if good cause for the extension is shown. (4) Notwithstanding any other provision of law, a warrant of execution shall be stayed for 240 days after the date of: (i) An order denying any petition for a writ of certiorari by the Supreme Court of the United States; (ii) A decision affirming the death sentence by the Supreme Court of the United States; or (iii) The expiration of the time for seeking review by the Supreme Court of the United States if no review is sought. (b) When allegation of error deemed to be finally litigated. -- For the purposes of this subtitle, an allegation of error shall be deemed to be finally litigated when an Appellate Court of the State has rendered a decision on the merits thereof, either upon direct appeal or upon any consideration of an application for leave to appeal filed pursuant to 645-I of this subtitle; or when a court of original jurisdiction, after a full and fair hearing, has rendered a decision on the merits thereof upon a petition for a writ of habeas corpus or a writ of error coram nobis, unless said decision upon the merits of such petition is clearly erroneous. (c) When allegation of error deemed to have been waived. -- (1) For the purposes of this subtitle, an allegation of error shall be deemed to be waived when a petitioner could have made, but intelligently and knowingly failed to make, such allegation before trial, at trial, on direct appeal (whether or not said petitioner actually took such an appeal), in an application for leave to appeal a conviction based on a guilty plea, in any habeas corpus or coram nobis proceeding actually instituted by said petitioner, in a prior petition under this subtitle, or in any other proceeding actually instituted by said petitioner, unless the failure to make such allegation shall be excused because of special circumstances. The burden of proving the existence of such special circumstances shall be upon the petitioner. (2) When an allegation of error could have been made by a petitioner before trial, at trial, on direct appeal (whether or not said petitioner actually took such an appeal), in an application for leave to appeal a conviction based on a guilty plea, in any habeas corpus or coram nobis proceeding actually instituted by said petitioner, in a prior petition under this subtitle, or in any other proceeding actually instituted by said petitioner, but was not in fact so made, there shall be a rebuttable presumption that said petitioner intelligently and knowingly failed to make such allegation. (d) Decision that Constitution imposes standard not heretofore recognized. -- For the purposes of this subtitle and notwithstanding any other provision hereof, no allegation of error shall be deemed to have been finally litigated or waived where, subsequent to any decision upon the merits thereof or subsequent to any proceeding in which said allegation otherwise may have been waived, any court whose decisions are binding upon the lower courts of this State holds that the Constitution of the United States or of Maryland imposes upon State criminal proceedings a procedural or substantive standard not theretofore recognized, which such standard is intended to be applied retrospectively and would thereby affect the validity of the petitioner's conviction or sentence. (e) Not substitute for remedies incident to trial proceedings; time of filing petition for relief; other common-law and statutory remedies superseded. -- The remedy herein provided is not a substitute for, nor does it affect any remedies which are incident to the proceedings in the trial court or any remedy of direct review of the sentence or conviction. A petition for relief under this subtitle may be filed at any time, except that where an appeal has been taken from the judgment of conviction to the Court of Special Appeals, it shall not be necessary to appoint counsel or conduct a hearing or take any action whatsoever on the petition, until the judgment of conviction becomes final in the Court of Special Appeals. No appeals to the Court of Appeals or the Court of Special Appeals in habeas corpus or coram nobis cases, or from other common-law or statutory remedies which have heretofore been available for challenging the validity of incarceration under sentence of death or imprisonment shall be permitted or entertained, except appeals in such cases pending in the Court of Appeals on June 1, 1958, shall be processed in due course. Provided, however, that nothing in this subtitle shall operate to bar an appeal to the Court of Special Appeals (1) in a habeas corpus proceeding instituted under 2-210 of Article 41 of this Code or (2) in any other proceeding in which a writ of habeas corpus is sought for any purpose other than to challenge the legality of a conviction of a crime or sentence of death or imprisonment therefor, including confinement as a result of a proceeding under Article 31B of this Code. (f) Right to counsel and hearing. -- A petitioner is entitled to the assistance of counsel and a hearing on the first petition filed by the petitioner under this section. The court shall determine if assistance of counsel or a hearing should be granted on a subsequent petition filed by a petitioner. (g) Time for petition to be heard; enforcement. --(1) A hearing on a petition filed in a case in which a death sentence has been imposed shall be held within 180 days after the date that the petition is filed unless good cause for a postponement is shown. (2) This subsection may be enforced by either party through the filing of a petition for writ of mandamus in the Court of Appeals. Art. 41, 4-503. Staff; hearing examiners. (a) The Commission shall appoint the staff necessary to perform its duties. However, the activities of the staff may not duplicate or conflict with the functions and services of the Division of Parole and Probation. The staff shall be subject to the provisions of the Merit System Law. (b)(1) The Secretary may appoint the hearing examiners necessary to conduct parole release hearings under 4-504 of this subtitle, as provided in the State budget. (2) Each hearing examiner shall be appointed without regard to political affiliation, shall be a resident of the State, and shall have training and experience in law, sociology, psychology, psychiatry, education, social work,or criminology. (3) Hearing examiners shall receive compensation as provided in the State budget. Art. 41, 4-513.Governor may commute sentence of death, issue conditional pardon or remit part of imprisonment. The Governor upon giving the notice required by the Constitution may commute or change any sentence of death into penal confinement for such period as he shall think expedient. And, on giving such a notice, he may pardon any person, convicted of crime, on such conditions as he may prescribe, or he may upon like notice remit any part of the time for which any person may be sentenced to imprisonment on such like conditions without such remission operating as a full pardon to any such person. Art. 41, 4-516.Investigation to determine advisability of parole; prisoners serving life imprisonment. (a) It shall be the duty of the Commission of its own initiative to request the Division to make such investigation as may enable the Commission to determine the advisability of granting parole to person sentenced to a term of 6 months or more under the laws of this State to the jurisdiction of the Division of Correction, or to any other place of confinement or detention of violators of the criminal laws of the State whenever the prisoner shall have served in confinement one fourth of the term or consecutive terms. (b) A person who has been sentenced to more than 1 term of confinement, including a term during which the person is eligible for parole and a term during which the person is not eligible for parole, shall be eligible for parole consideration under subsection (a) of this section after the person has served the greater of: (1) One-fourth of the aggregate terms sentenced; or (2) A period of time equal to the term during which the person is not eligible for parole. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person who has been sentenced to life imprisonment is not eligible for parole consideration until the person has served 15 years or the equal of 15 years when considering the allowances for diminution of period of confinement provided for in Article 27, 700 and Article 27, 638C, of the Code. (2) A person who has been sentenced to life imprisonment as a result of a proceeding under Article 27, 413 is not eligible for parole consideration until the person has served 25 years or the equal of 25 years when considering the allowances for diminution of period of confinement provided for in Article 27, 700 and Article 27, 638C, of the Code. (3) (i) If a person is sentenced to imprisonment for life without the possibility of parole under Article 27, 412 or 413 of the Code, the person is not eligible for parole consideration and may not be granted parole at any time during the term of the sentence. (ii) Nothing contained in this paragraph may be construed to restrict the authority of the Governor to pardon or remit any part of a sentence under the provisions of 4-513 of this article. (4) If eligible for parole under this subsection, an inmate serving a term of life imprisonment and a person serving a term of life imprisonment who is confined at Patuxent Institution as a eligible person shall only be paroled with the approval of the Governor. Art. 41, 4-609.Supervision of suspended sentences; presentence reports and other investigations and probationary services. (a) Whenever any court shall suspend the sentence of any person convicted of crime, and shall direct such person, to continue, for a certain time, or until otherwise ordered, under the supervision of the Division, it shall be the duty of the said Division to supervise, when so requested by said court, the conduct of such person and to ascertain and report to said court whether or not the conditions of such probation or suspension of sentence are being faithfully complied with by such person. (b) The parole and probation agents of the Division shall provide the judge of the court with presentence reports or other investigations in all cases when requested by any judge. The presentence reports are confidential and not available for public inspection except upon court order. However, presentence reports shall be made available, upon request, to the defendant's attorney, the State's Attorney, a correctional institution, a parole or probation, or pretrial release official of this State, any other state, the United States, or the District of Columbia, and a public or private mental health facility in any of those jurisdictions, if the individual who is the subject of the report has been committed or is being evaluated for commitment to the facility for treatment as a condition of probation. The agents shall also perform any other probationary services the judges may from time to time request. (c) (1) Prior to the sentence by the circuit court of any county to the jurisdiction of the Division of Correction of a defendant convicted of a felony, or a misdemeanor which resulted in serious physical injury or death to the victim, or the referral of any defendant to the Patuxent Institution, the court may order the Division of Parole and Probation to complete a presentence investigation if the court is satisfied that the investigation would help the sentencing process. The burden of establishing that the presentence investigation should be ordered is on the party that requests the investigation. (2) (i) The presentence investigation shall include a victim impact statement, if: 1. The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or 2. The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (ii) If the court does not order a presentence investigation, the State's Attorney may prepare a victim impact statement to be submitted to the court and the defendant in accordance with the Maryland Rules of Procedure pertaining to presentence investigations. (iii) The court shall consider the victim impact statement in determining the appropriate sentence, and in entering any order of restitution to the victim under Article 27, 640(c) of the Code. (3) A victim impact statement shall: (i) Identify the victim of the offense; (ii) Itemize any economic loss suffered by the victim as a result of the offense; (iii) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (iv) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (v) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (vi) Contain any other information related to the impact of the offense upon the victim or the victim's family that the court requires. (4) If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the personal representative, guardian, or committee, or such family members as may be necessary. (d) In any case in which the death penalty or imprisonment for life without the possibility of parole is requested under Article 27, 412, a presentence investigation, including a victim impact statement, shall be completed by the Division of Parole and Probation, and shall be considered by the court or jury before whom the separate sentencing proceeding is conducted under Article 27, 412 or 413. Courts & Judicial Proceedings Art., 7-104. Costs on appeal where State or its agency or political subdivision is party. (a) In general. -- (1) Costs shall be allowed to or awarded against the State or one of its agencies or political subdivisions which is a party to an appeal from an executive, administrative, or judicial decision, in the same manner as costs are allowed to or awarded against a private litigant. (2) The State, its agency, or the political subdivision shall pay the costs awarded against it. (b) Criminal cases. -- When notified by the Attorney General, the political subdivision in which a criminal case originated shall pay immediately the costs incurred by the State. (c) Failure of defendant to pay costs. -- If a defendant against whom costs are assessed in a criminal appeal fails to pay the costs to the political subdivision in which the case originated, the State's Attorney for that political subdivision shall take the necessary steps to recover them. Courts and Judicial Proceedings Article, 8-210. Excuses from jury service. (a) Hardship, extreme inconvenience or public necessity. - Any person summoned for jury service may be excused by the jury judge if the person shows that undue hardship, extreme inconvenience, or public necessity require his excuse, but only for the period the jury judge deems necessary. At the conclusion of this period the person shall be summoned again for jury service under the provisions of 8-208 of this title. (b) Excuse from particular jury. - Any person summoned for jury service may be excused from a particular jury: (1) In accordance with a rule or law if more jurors are summoned than are required to be impaneled in a particular case; (2) By the court after a determination that the person may be unable to render impartial jury service or that his service would be likely to disrupt the proceedings; (3) By the court after a determination that the juror's service may threaten the secrecy of the proceedings or otherwise adversely affect the integrity of the jury deliberations; but a person may not be excused on this ground unless the court states on the record its reasons for the excuse and its determination that the excuse is warranted and will not be inconsistent with 8-102 and 8-103 of this title; (4) By a party upon peremptory challenge as provided by rule or law; (5) By the court upon a challenge by a party for good cause shown. (c) Belief against capital punishment. - A person may not be disqualified, excused, or excluded from service in a particular case as a juror of the state by reason of his beliefs against capital punishment unless such belief would prevent his returning an impartial verdict according to law. (d) Procedures exclusive. - No person or class of person may be disqualified, excused, or exempted from service as a juror except under this section or 8-209 of this title. (e) Person excused may be resummoned. - Any person excused from jury service or from a particular jury under subsection (a), (b), or (c) of this section is eligible to sit on another jury if the basis for his excuse is not relevant to this ability to serve on the other jury. (f) Disqualification or excuse noted on qualification form. - When a person is disqualified or excused from jury service, the jury commissioner or clerk shall note the specific reason in the space provided on his juror qualification form or on the juror's card drawn from the qualified jury wheel. Courts and Judicial Proceedings Art., 12-307. Jurisdiction of Court of Appeals. The Court of Appeals has: (1) Jurisdiction to review a case or proceeding pending in or decided by the Court of Special Appeals in accordance with Subtitle 2 of this title; (2) Jurisdiction to review a case or a proceeding decided by a circuit court, in accordance with 12-305 of this article; (3) Exclusive appellate jurisdiction with respect to a question of law certified to it under the Uniform Certification of Questions of Law Act; and (4) Exclusive appellate jurisdiction over a criminal case in which the death penalty is imposed and any appellate proceeding under Article 27, 75A of the Code. Rule 4-254. REASSIGNMENT AND REMOVAL (a) Reassignment in District Court. -- The reassignment of a criminal action pending in the District Court shall be governed by the provisions of Rule 3-505. (b) Removal in Circuit Courts. -- (1) Capital Cases. -- When a defendant is charged with an offense for which the maximum penalty is death and either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction. A suggestion by a defendant shall be under the defendant's personal oath. A suggestion filed by the State shall be under the oath of the State's Attorney. (2) Non-Capital Cases. -- When a defendant is charged with an offense for which the maximum penalty is not death and either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction only if it is satisfied that the suggestion is true or that there is reasonable ground for it. A party who has obtained one removal may obtain further removal pursuant to this section. (3) Transfer of Case File -- Trial. -- Upon the filing of an order for removal, the clerk shall transmit the case file and a certified copy of the docket entries to the clerk of the court to which the action is transferred and the action shall proceed as if originally filed there. After final disposition of the action, the clerk shall return a certified copy of the docket entries to the clerk of the court in which the action was originally instituted for entry on the docket as final disposition of the charges. Rule 4-312. JURY SELECTION (a) Challenge to the Array. -- A party may challenge the array of jurors on the ground that its members were not selected, drawn, or summoned according to law or on any other ground that would disqualify the panel as a whole. A challenge to the array shall be made and determined before any individual juror from that array is examined, except that the court for good cause may permit it to be made after the jury is sworn but before any evidence is received. (b) Alternate Jurors. -- (1) Generally. -- An alternate juror shall be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privileges as a juror. (2) Capital Cases. -- In cases in which the death penalty may be imposed, the court shall appoint and retain alternate jurors as required by Code, Article 27, 413 (m). (3) Non-Capital Cases. -- In all other cases, the court may direct that one or more jurors be called and impanelled to sit as alternate jurors. Any juror who, before the time the jury retires to consider its verdict, becomes or is found to be unable or disqualified to perform a juror's duty, shall be replaced by an alternate juror in the order of selection. An alternate juror who does not replace a juror shall be discharged when the jury retires to consider its verdict. (c) Jury List. -- Before the examination of jurors, each party shall be provided with a list of jurors that includes the name, age, sex, education, occupation, and occupation of spouse of each juror and any other information required by the county jury plan. When the county jury plan requires the address of a juror, the address need not include the house or box number. (d) Examination of Jurors. -- The court may permit the parties to conduct an examination of prospective jurors or may itself conduct the examination after considering questions proposed by the parties. If the court conducts the examination, it may permit the parties to supplement the examination by further inquiry or may itself submit to the jurors additional questions proposed by the parties. The jurors' responses to any examination shall be under oath. Upon request of any party the court shall direct the clerk to call the roll of the panel and to request each juror to stand and be identified when called by name. (e) Challenges for Cause. -- A party may challenge an individual juror for cause. A challenge for cause shall be made and determined before the jury is sworn, or thereafter for good cause shown. (f) Additional Jurors. -- When the number of jurors of the regular panel may be insufficient to allow for selection of a jury, the court may direct that additional jurors be summoned at random from the qualified jury wheel and thereafter at random in a manner provided by statute. (g) Designation of List of Qualified Jurors. -- Before the exercise of peremptory challenges, the court shall designate from the jury list those jurors who have qualified after examination. The number designated shall be sufficient to provide the number of jurors and alternates to be sworn after allowing for the exercise of peremptory challenges pursuant to Rule 4-313. The court shall at the same time prescribe the order to be followed in selecting the jurors and alternate jurors from the list. (h) Impanelling the Jury. -- The jurors and any alternates to be impanelled shall be called from the qualified jurors remaining on the list in the order previously designated by the court and shall be sworn. The court shall designate a juror as foreman. Rule 4-313. PEREMPTORY CHALLENGES (a) Number. -- (1) Generally. -- Except as otherwise provided by this section, each party is permitted four peremptory challenges. (2) Cases Involving Death or Life Imprisonment. -- Each defendant who is subject on any single count to a sentence of death or life imprisonment, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted 20 peremptory challenges and the State is permitted ten peremptory challenges for each defendant. (3) Cases Involving Imprisonment for 20 Years or More, But Less Than Life. -- Each defendant who is subject on any single count to a sentence of imprisonment for 20 years or more, but less than life, except when charged with a common law offense for which no specific penalty is provided by statute, is permitted ten peremptory challenges and the State is permitted five peremptory challenges for each defendant. (4) Cases Involving Election Law Offenses Punishable by Imprisonment in Penitentiary. -- In trials for offenses against the provisions of Code, Article 33, or any other law relating to elections or voter registration, each party shall be entitled to twenty peremptory challenges if the offense is punishable by imprisonment in the penitentiary. (5) Alternate Jurors. -- For each alternate juror to be selected, the State is permitted one additional peremptory challenge for each defendant and each defendant is permitted two additional peremptory challenges. The additional peremptory challenges may be used only against alternate jurors, and other peremptory challenges allowed by this section may not be used against alternate jurors. (b) Exercise of Challenges. -- (1) By Alternating Challenges. -- On request of any party for alternating challenges, the clerk shall call each juror individually in the order previously designated by the court. When the first juror is called, the State shall indicate first whether that juror is challenged or accepted. When the second juror is called, the defendant shall indicate first whether that juror is challenged or accepted. When the third juror is called, the State shall again indicate first whether that juror is challenged or accepted, and the selection of a jury shall continue with challenges being exercised alternately in this fashion until the jury has been selected. (2) By Simultaneous Striking From a List. -- If no request is made for alternating challenges, each party shall exercise its challenges simultaneously by striking names from a copy of the jury list. (3) Remaining Challenges. -- After the required number of jurors has been called, a party may exercise any remaining peremptory challenges to which the party is entitled at any time before the jury is sworn, except that no challenge to the first 12 jurors shall be permitted after the first alternate juror is called. Rule 4-343. SENTENCING -- PROCEDURE IN CAPITAL CASES (a) Applicability. -- This Rule applies whenever a sentence of death is sought under Code, Article 27, 413. (b) Statutory Sentencing Procedure. -- When a defendant has been found guilty of murder in the first degree, the State has given the notice required under Code, Article 27, 412(b)(1), and the defendant may be subject to a sentence of death, a separate sentencing proceeding shall be conducted as soon as practicable after the trial pursuant to the provisions of Code, Article 27, 413. (c) Judge. -- Except as provided in Rule 4-361, the judge who presides at trial shall preside at the sentencing proceeding. (d) Allocution. -- Before sentence is determined, the court shall afford the defendant the opportunity, personally and through counsel, to make a statement. (e) Form of Written Findings and Determinations. -- Except as otherwise provided in section (f) of this Rule, the findings and determinations shall be made in writing in the following form: (CAPTION) FINDINGS AND SENTENCING DETERMINATION Section I Based upon the evidence, we unanimously find that each of the following statements marked "proven" has been proven BEYOND A REASONABLE DOUBT and that each of those statements marked "not proven" has not been proven BEYOND A REASONABLE DOUBT. 1. The defendant was a principal in the first degree to the murder. ________ ________ proven not proven 2. The defendant engaged or employed another person to commit the murder and the murder was committed pursuant to an agreement or contrary for remuneration or the promise of remuneration. ________ ________ proven not proven (If one or both of the above are marked "proven," proceed to Section II. I both are marked "not proven," proceed to Section VI and enter "Life Imprisonment.") Section II Based upon the evidence, we unanimously find that the following statement, if marked "proven," has been proven BY A PREPONDERANCE OF THE EVIDENCE or that, if marked "not proven," it has not been proven BY A PREPONDERANCE OF THE EVIDENCE. At the time the murder was committed, the defendant was mentally retarded. ________ ________ proven not proven (If the above statement is marked "proven," proceed to Section VI and enter "Life Imprisonment." If it is marked "not proven," complete Section III.) Section III Based upon the evidence, we unanimously find that each of the following aggravating circumstances that is marked "proven" has been proven BEYOND A REASONABLE DOUBT and we unanimously find that each of the aggravating circumstances marked "not proven" has not been proven BEYOND A REASONABLE DOUBT. 1. The victim was a law enforcement officer who was murdered while in the performance of the officer's duties. ________ ________ proven not proven 2. The defendant committed the murder at a time when confined in a correctional institution. ________ ________ proven not proven 3. The defendant committed the murder in furtherance of an escape from or an attempt to escape from or evade the lawful custody, arrest, or detention of or by an officer or guard of a correctional institution or by a law enforcement officer. ________ ________ proven not proven 4. The victim was taken or attempted to be taken in the course of a kidnapping or abduction or an attempt to kidnap or abduct. ________ ________ proven not proven 5. The victim was a child abducted in violation of Code, Article 27, 2. ________ ________ proven not proven 6. The defendant committed the murder pursuant to an agreement or contract for remuneration or the promise of remuneration to commit the murder. ________ ________ proven not proven 7. The defendant engaged or employed another person to commit the murder and the murder was committed pursuant to an agreement or contract for remuneration or the promise of remuneration. ________ ________ proven not proven 8. At the time of the murder, the defendant was under the sentence of death or imprisonment for life. ________ ________ proven not proven 9. The defendant committed more than one offense of murder in the first degree arising out of the same incident. ________ ________ proven not proven 10. The defendant committed the murder while committing or attempting to commit robbery, arson, rape in the first degree, or sexual offense in the first degree. ________ ________ proven not proven (If one or more of the above are marked "proven," complete Section IV. If all of the above are marked "not proven," do not complete Section IV and V and proceed to Section VI and enter "Life Imprisonment.") Section IV Based upon the evidence, we make the following determinations as to mitigating circumstances: 1. The defendant has not previously (i) been found guilty of a crime of violence; (ii) entered a plea of guilty or nolo contendere to a charge of a crime of violence; or (iii) been granted probation on stay of entry of judgment pursuant to a charge of a crime of violence. (As used in the preceding paragraph, "crime of violence" means abduction, arson, escape, kidnapping, mayhem, murder, robbery, rape in the first or second degree, sexual offense in the first or second degree, manslaughter other than involuntary manslaughter, an attempt to commit any of these offenses, or the use of a handgun in the commission of a felony or another crime of violence.) (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 2. The victim was a participant in the defendant's conduct or consented to the act which caused the victim's death. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 3. The defendant acted under substantial duress, domination, or provocation of another person, even though not so substantial as to constitute a complete defense to the prosecution. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 4. The murder was committed while the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired as a result of mental incapacity, mental disorder, or emotional disturbance. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 5. The defendant was of a youthful age at the time of the crime. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 6. The act of the defendant was not the sole proximate cause of the victim's death. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 7. It is unlikely that the defendant will engage in further criminal activity that would constitute a continuing threat to society. (Mark only one.) __ (a) We unanimously find by a preponderance of the evidence that the above circumstance exists. __ (b) We unanimously find by a preponderance of the evidence that the above circumstance does not exist. __ (c) After a reasonable period of deliberation, one or more of us, but fewer than all 12, find by a preponderance of the evidence that the above circumstance exists. 8. (a) We unanimously find by a preponderance of the evidence that the following additional mitigating circumstances exist: (Use reverse side if necessary) (b) One or more of us, but fewer than all 12, find by a preponderance of the evidence that the following additional mitigating circumstances exist: (Use reverse side if necessary) (If the jury unanimously determines in Section IV that no mitigating circumstances exist, do not complete Section V. Proceed to Section VI and enter "Death." If the jury or any juror determines that one or more mitigating circumstances exist, complete Section V.) Section V Each individual juror shall weigh the aggravating circumstances found unanimously to exist against any mitigating circumstances found unanimously to exist, as well as against any mitigating circumstance found by that individual juror to exist. We unanimously find that the State has proven by A PREPONDERANCE OF THE EVIDENCE that the aggravating circumstances marked "proven" in Section III outweigh the mitigating circumstances in Section IV. _____ _____ yes no Section VI Enter the determination of sentence either "Life Imprisonment" or "Death" according to the following instructions: 1. If both of the answers in Section I are marked "not proven," enter "Life imprisonment." 2. If the answer in Section II is marked "proven," enter "Life Imprisonment." 3. If all of the answers in section III are marked "not proven," enter "Life Imprisonment." 4. If Section IV was completed and the jury unanimously determined that no mitigating circumstance exists, enter "Death." 5. If Section V was completed and marked "no," enter "Life Imprisonment." 6. If Section V was completed and marked "yes," enter "Death." We unanimously determine the sentence to be __________. Section VII If "Life Imprisonment" is entered in Section VI, answer the following question: Based upon the evidence, does the jury unanimously determine that the sentence of life imprisonment previously entered shall be without the possibility of parole? _____ _____ yes no ______________________ ____________________ Foreman Juror 7 ______________________ ____________________ Juror 2 Juror 8 ______________________ ____________________ Juror 3 Juror 9 ______________________ ____________________ Juror 4 Juror 10 ______________________ ____________________ Juror 5 Juror 11 ______________________ ____________________ Juror 6 Juror 12 or, ____________________ JUDGE (f) Deletions from Form. -- Section II of the form set forth in section (e) of this Rule shall not be submitted to the jury unless the issue of mental retardation is generated by the evidence. Unless the defendant requests otherwise, Section III of the form shall not include any aggravating circumstance that the State has not specified in the notice required under Code, Article 27, 412 (b) (1) of its intention to seek a sentence of death. Section VII of the form shall not be submitted to the jury unless the State has given the notice required under Code, Article 27, 412 (b) (2) of its intention to seek a sentence of imprisonment for life without the possibility of parole. (g) Advice of the Judge. -- At the time of imposing sentence, the judge shall advise the defendant that the determination of guilt and the sentence will be reviewed automatically by the Court of Appeals, and that the sentence will be stayed pending that review. (h) Report of Judge. -- After sentence is imposed, the judge promptly shall prepare and send to the parties a report in the following form: (CAPTION) REPORT OF TRIAL JUDGE I. Data Concerning Defendant A. Date of Birth B. Sex C. Race D. Address E. Length of Time in Community F.F.Reputation in Community G. Family Situation and Background 1. Situation at time of offense (describe defendant's living situation including marital status and number and age of children) 2. Family history (describe family history including pertinent data about parents and siblings) H. Education I. Work Record J. Prior Criminal Record and Institutional History (list any prior convictions, disposition, and periods of incarceration) K. Military History L. Pertinent Physical or Mental Characteristics or History M. Other Significant Data About Defendant II. Data Concerning Offense A. Briefly describe facts of offense (include time, place, and manner of death; weapon, if any; other participants and nature of participation) B. Was there any evidence that the defendant was under the influence of alcohol or drugs at the time of the offense? If so describe. C. Did the defendant know the victim prior to the offense? Yes ........ No ........ 1. If so, describe relationship. 2. Did the prior relationship in any way precipitate the offense? If so, explain. D. Did the victim's behavior in any way provoke the offense? If so, explain. E. Data Concerning Victim 1. Name 2. Date of Birth 3. Sex 4. Race 5. Length of time in community 6. Reputation in community F. Any Other Significant Data About Offense III. A. Plea Entered by Defendant: Not guilty .....; guilty .....; not criminally responsible .... B. Mode of Trial: Court ..... Jury ..... If there was a jury trial, did defendant challenge the jury selection or composition? If so, explain. C. Counsel 1. Name 2. Address 3. Appointed or retained (If more than one attorney represented defendant, provide data on each and include stage of proceeding at which the representation was furnished.) D. Pre-Trial Publicity-- Did defendant request a mistrial or a change of venue on the basis of publicity? If so, explain. Attach copies of any motions made and exhibits filed. E. Was defendant charged with other offenses arising out of the same incident? If so, list charges; state whether they were tried at same proceeding, and give disposition. IV. Data Concerning Sentencing Proceeding A. List aggravating circumstance(s) upon which State relied in pre-trial notice. B. Was the proceeding conducted before same judge as trial? ..... before same jury? ..... If the sentencing proceeding was conducted before a jury other than the trial jury, did the defendant challenge the selection or composition of the jury? If so, explain. C. Counsel -- If counsel at sentencing was different from trial counsel, give information requested in III C above. D. Which aggravating and mitigating circumstances were raised by the evidence? E. On which aggravating and mitigating circumstances were the jury instructed? F. Sentence imposed: Life imprisonment Death Life imprisonment without the possibility of parole V. Chronology Date of Offense Arrest Charge Notification of intention to seek penalty of death Trial (guilt/innocence) -- began and ended Post-trial Motions Disposed Of Sentencing Proceeding -- began and ended Sentence Imposed VI. Recommendation of Trial Court As To Whether Imposition of Sentence of Death is Justified. VII. A copy of the Findings and Sentencing Determination made in this action is attached to and made a part of this report. ............................ Judge I certify that on the ....... day of .........., 19... I sent copies of this report to counsel for the parties for comment and have attached any comments made by them to this report. ............................. Judge Within five days after receipt of the report, the parties may submit to the judge written comments concerning the factual accuracy of the report. The judge promptly shall file with the clerk of the trial court, and in the case of a life sentence with the Clerk of the Court of Appeals the report in final form, noting any changes made, together with any comments of the parties. Rule 4-348. STAY OF EXECUTION OF SENTENCE (a) Sentence of Death or Imprisonment. -- The filing of an appeal or a petition for writ of certiorari in any appellate court, including the Supreme Court of the United States, stays a sentence of death or, if the court releases the defendant pursuant to Rule 4- 349, a sentence of imprisonment. (b) Fine. -- Upon the filing of an appeal or petition for writ of certiorari in any appellate court, a sentence to pay a fine or a fine and costs may be stayed by the court upon terms the court deems proper, but any bond required to stay the payment pending appeal may not exceed the unpaid amount of the fine and costs, if any. (c) Other Sentences. -- Any other sentence or any order or condition of probation may be stayed upon terms the court deems proper. Rule 8-306. CAPITAL CASES -- REVIEW IN COURT OF APPEALS (a) Scope. -- This Rule applies to appellate proceedings in cases in which a sentence of death was imposed, including direct appeal, an application for leave to appeal from a judgment granting or denying relief in a post conviction proceeding brought to review a judgment imposing a sentence of death, and an application for leave to appeal from an order determining the competence or incompetence of an inmate upon whom a sentence of death was imposed. (b) Applicability of Other Rules. -- Except, as otherwise expressly or by necessary implication provided in this Rule, the other rules of this Title apply to appeals and applications for leave to appeal under this Rule. In the event of a conflict between this Rule and another rule in this Title, this Rule shall prevail. (c) Automatic Appeal From Judgment. -- (1) Whenever a sentence of death is imposed, there shall be an automatic appeal to the Court of Appeals of both the determination of guilt and the sentence, whether or not the determination of guilt was based on a plea of guilty. (2) The clerk of the circuit court shall enter on the docket a notice of appeal on behalf of the defendant within 10 days after the later of (A) entry of the judgment or (B) entry of a notice withdrawing a timely motion for new trial filed pursuant to Rule 4-331(a) or an order denying the motion. The clerk shall promptly notify the Attorney General, the defendant, and counsel for the defendant of the entry of the notice of appeal. (3) Unless the parties have elected to proceed in accordance with Rule 8-413(b), the clerk, upon docketing the notice of appeal, shall direct the court stenographer to prepare a transcript of both the trial and sentencing proceedings in conformance with Rule 8-411(a). Within 10 days after receipt of the transcript, the clerk shall transmit the record to the Clerk of the Court of Appeals. The statement of costs required by Rule 8-413(c) shall separately state the cost applicable to the sentencing proceeding. The State shall pay those costs. (4) The Court of Appeals shall consider (A) those issues concerning the sentence required by Code, Article 27, 414(e) and (B) all other issues properly before the Court on appeal and necessary to a decision in the case. (d) Transcript in Lieu of Record Extract. -- In any proceeding under section (c) of this Rule, the parties, by agreement, may file with the Court 10 copies of a complete transcript of the proceedings under review instead of extracts from the transcript. (e) Other Applications. -- Rule 8-204 applies to all applications for leave to appeal subject to this Rule, except that (1) the application for leave to appeal to the Court of Appeals shall be made by filing the application with the Clerk of the Court of Appeals, and (2) upon the filing of the application, the Clerk of the Court of Appeals shall notify the clerk of the trial court who promptly shall transmit the record to the Court of Appeals. Rule 8-607. ASSESSMENT OF COSTS (a) Allowance and Allocation. -- Unless the Court orders otherwise, the prevailing party is entitled to costs. The Court, by order, may allocate costs among the parties. (b) Unnecessary Material. -- When unnecessary material has been included in a record extract or appendix, the Court may order that the costs of reproduction be withheld, apportioned, or assessed against the attorney or unrepresented party who caused the unnecessary material to be included. (c) Unnecessary Correction of Record. -- If the Court orders that the record be corrected or supplemented on motion of a party pursuant to Rule 8-414 and the Court later determines that the correction or supplementation was unnecessary, the costs of the correction or supplementation shall be imposed on the moving party. (d) Amicus Curiae. -- Costs shall not be allowed to or assessed against an amicus curiae.(e) State. -- (1) Generally. -- Except as provided in subsection (2) of this section, costs shall be allowed to or assessed against the State or any official, agency, or political subdivision of the State that is a party in the same manner as costs are allowed to or assessed against a private litigant. (2) Criminal Appeals. -- In a criminal appeal decided against the State, costs shall be assessed against the political subdivision of the State in which the case originated.