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r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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contendere to a charge of a crime of violence; or (iii) been<br />

granted probation before judgment for a crime of violence.<br />

(As used in the preceding paragraph, "crime of violence"<br />

means abduction, arson in the first degree, carjacking, armed<br />

carjacking, escape in the first degree, kidnapping, mayhem,<br />

murder, robbery under Code, Criminal Law Article, §3-402 or<br />

§3-403, rape in the first or second degree, sexual offense in the<br />

first or second degree, manslaughter other than involuntary<br />

manslaughter, an attempt to commit any of these offenses, or the<br />

use of a handgun in the commission of a felony or another crime<br />

of violence.)<br />

(Mark only one.)<br />

[ ] (a) We unanimously find by a preponderance of the evidence<br />

that it is more likely than not that the above<br />

circumstance exists.<br />

[ ] (b) We unanimously find by a preponderance of the evidence<br />

that it is more likely than not that the above<br />

circumstance does not exist.<br />

[ ] (c) After a reasonable period of deliberation, one or more<br />

of us, but fewer than all 12, find by a preponderance<br />

of the evidence that it is more likely than not that<br />

the above circumstance exists.<br />

2. The victim was a participant in the defendant's conduct or<br />

consented to the act which caused the victim's death.<br />

(Mark only one.)<br />

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