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MARYLAND RULES OF PROCEDURE TITLE 4 - CRIMINAL CAUSES CHAPTER 300 - TRIAL AND SENTENCING AMEND Rule 4-343 (h) to clarify the capital sentencing form with respect to determinations as to mitigating circumstances and to make stylistic changes, as follows: Rule 4-343. SENTENCING - PROCEDURE IN CAPITAL CASES . . . (h) Form of Written Findings and Determinations Except as otherwise provided in section (i) of this Rule, the findings and determinations shall be made in writing in the following form: (CAPTION) FINDINGS AND SENTENCING DETERMINATION VICTIM: [Name of murder victim] Section I Based upon the evidence, we unanimously find that each of the following statements marked "proven proved" has been proven proved BEYOND A REASONABLE DOUBT and that each of those statements marked "not proven proved" has not been proven proved BEYOND A REASONABLE DOUBT. murder. 1. The defendant was a principal in the first degree to the -42-
-43- ______ ______ proven not proved proven proved 2. The defendant engaged or employed another person to commit the murder and the murder was committed under an agreement or contract for remuneration or the promise of remuneration. ______ ______ proven not proved proven proved 3. The victim was a law enforcement officer who, while in the performance of the officer's duties, was murdered by one or more persons, and the defendant was a principal in the second degree who: (A) willfully, deliberately, and with premeditation intended the death of the law enforcement officer; (B) was a major participant in the murder; and (C) was actually present at the time and place of the murder. ______ ______ proven not proved proven proved (If one or more of the above are marked "proven proved," proceed to Section II. If all are marked "not proven proved," proceed to Section VI and enter "Imprisonment for Life.") Section II Based upon the evidence, we unanimously find that the following statement, if marked "proven proved," has been proven proved BY A PREPONDERANCE OF THE EVIDENCE or that, if marked "not proven proved," it has not been proven proved BY A PREPONDERANCE OF THE EVIDENCE.
Page 1 and 2: STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4: December 19, 2006 ONE HUNDRED FIFTY
Page 5 and 6: of probation proceeding is proposed
Page 7 and 8: litigation. The proposed amendments
Page 9 and 10: MARYLAND RULES OF PROCEDURE TITLE 3
Page 11 and 12: Source: This Rule is derived from f
Page 13 and 14: Source: This Rule is derived from f
Page 15 and 16: of the amendment, whichever is late
Page 19 and 20: as of right; and (F) (H) any other
Page 27 and 28: REPORTER’S NOTE Chapter 534, Laws
Page 29 and 30: REPORTER’S NOTE See the Reporter
Page 33 and 34: Insurance Commissioner of Maryland
Page 37 and 38: Section (d) (c) is derived from for
Page 39 and 40: under Rule 4-345, or the defendant
Page 41: under Code, Criminal Procedure Arti
Page 45 and 46: custody, arrest, or detention of or
Page 47 and 48: contendere to a charge of a crime o
Page 49 and 50: to conform his or her conduct to th
Page 51 and 52: of us, but fewer than all 12, find
Page 53 and 54: We unanimously determine the senten
Page 59 and 60: within 15 days after service of the
Page 61 and 62: language of the proposed amendment
Page 63 and 64: irregularity. If the appeal is rein
Page 65 and 66: taking into consideration all relev
Page 69 and 70: (c) Service (d) Response (e) Hearin
Page 71 and 72: Family Law Article, Titles 1 and 5
Page 75 and 76: Agency Guardianship), Form 9-102.9
Page 77 and 78: (C) Notice The court shall send to
Page 79 and 80: (c) If I choose to seek the appoint
Page 81 and 82: child or I or my child's other biol
Page 83 and 84: the right to be notified when the p
Page 85 and 86: 3. Right to Attorney. I understand
Page 87 and 88: adopt me and I will no longer be th
Page 89 and 90: had it read to me in a language tha
Page 91 and 92: in subsection (b)(2)(B)(iv) and add
Page 93 and 94:
(H) If the person to be adopted is
Page 95 and 96:
equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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MARYLAND RULES OF PROCEDURE TITLE 9
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
Page 225 and 226:
Each court should develop a compens
Page 227 and 228:
Rule 2-504 is proposed to be amende
Page 229 and 230:
They are not designed to be a basis
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whether because of minority, mental
Page 233 and 234:
follows: MARYLAND RULES OF PROCEDUR
Page 235 and 236:
Cross reference: See Md. Const., Ar
Page 237 and 238:
Under the proposed amendment, excep
Page 239 and 240:
The presence of a majority of the m
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complainant of the right to file a
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Counsel to issue a subpoena to obta
Page 245 and 246:
The Board may authorize a further i
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(l) Action by Commission The Commis
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(1) Upon application by Investigati
Page 251 and 252:
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2. "Local administrative judge" mea
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(iii) The use of electronic or phot
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proceedings, and cases involving tr
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3. 6. Not more than one audio syste
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New language is proposed to be adde
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In addition to the mailed notice, t
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Upon payment in cash or by certifie
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estores the lawyer to good standing
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shall prepare, certify, and file wi
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MARYLAND RULES OF PROCEDURE APPENDI
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Page 277 and 278:
Page 279 and 280:
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issues. In light of this change, th
Page 283 and 284:
REPORTER’S NOTE See the Reporter
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price as set forth in the report of
Page 287 and 288:
should advise the client about thos
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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Page 301 and 302:
Page 303 and 304:
The time for revocation of consent
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Page 307 and 308:
the guardian and a reference to the
Page 309 and 310:
in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
Page 331 and 332:
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of the presence of all persons othe
Page 335 and 336:
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
Page 347 and 348:
Page 349 and 350:
D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Page 385 and 386:
Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
Page 391 and 392:
Page 393 and 394:
irth parents, my siblings, or I may
Page 395 and 396:
Page 397 and 398:
CONSENT OF ________________________
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Human Resources for adoption search
Page 401 and 402:
Page 403 and 404:
___________________________ _______
Page 405 and 406:
disability is _____________________
Page 407 and 408:
Page 409:
________________________________ (A
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