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

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REPORTER’S NOTE In footnote 5 of Conyers v. State, 354 Md. 132 (1999), the Court of Appeals observed that a phrase such as “facts or circumstances” might be more appropriate in certain parts of the capital sentencing form than the word “evidence,” because the judge or jury considers more than evidence in determining mitigating circumstances. The Pattern Jury Instructions Committee recommends substituting the language “that it is more likely than not” in place of the language “by a preponderance of the evidence.” This leaves in a burden of proof standard, yet avoids the use of the word “evidence.” The proposed amendments to Rule 4-343 make this change throughout the form and, in Section IV of the form, replace the introductory phrase, “Based upon the evidence,” with the phrase, “From our consideration of the facts and circumstances of this case.” In addition, a proposed stylistic amendment to the form conforms it to modern usage and to the Maryland Criminal Pattern Jury Instructions by replacing the word “proven” with “proved.” Another stylistic change corrects a future tense directive in Section V by making it a past tense affirmative statement that the jury “has weighed” the aggravating circumstances against the mitigating circumstances. An additional stylistic change substitutes the word “foreperson” for the former word “foreman,” to reflect the Judiciary’s policy to use gender neutral words where practicable. -54-
MARYLAND RULES OF PROCEDURE TITLE 4 - CRIMINAL CAUSES CHAPTER 300 - TRIAL AND SENTENCING AMEND Rule 4-347 to add a cross reference after subsection (e)(1), as follows: Rule 4-347. PROCEEDINGS FOR REVOCATION OF PROBATION . . . (e) Hearing (1) Generally The court shall hold a hearing to determine whether a violation has occurred and, if so, whether the probation should be revoked. The hearing shall be scheduled so as to afford the defendant a reasonable opportunity to prepare a defense to the charges. Whenever practicable, the hearing shall be held before the sentencing judge or, if the sentence was imposed by a Review Panel pursuant to Rule 4-344, before one of the judges who was on the panel. With the consent of the parties and the sentencing judge, the hearing may be held before any other judge. The provisions of Rule 4-242 do not apply to an admission of violation of conditions of probation. Cross reference: See State v. Peterson, 315 Md. 73 (1989), construing the third sentence of this subsection. For procedures to be followed by the court when a defendant may be incompetent to stand trial in a violation of probation proceeding, see Code, Criminal Procedure Article, §3-104. (2) Conduct of Hearing -55-
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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 and 42: under Code, Criminal Procedure Arti
Page 43 and 44: -43- ______ ______ proven not prove
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: 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
Page 97 and 98: ehalf of each petitioner in connect
Page 99 and 100: e stated is known to a child placem
Page 101 and 102: affect the consent signed by the pe
Page 103 and 104: 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
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
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Cross reference: See Md. Const., Ar
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Under the proposed amendment, excep
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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
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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
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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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issues. In light of this change, th
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REPORTER’S NOTE See the Reporter
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price as set forth in the report of
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should advise the client about thos
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REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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The time for revocation of consent
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the guardian and a reference to the
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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
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of the presence of all persons othe
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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
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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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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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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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