21.07.2013 Views

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

MARYLAND RULES OF PROCEDURE<br />

TITLE 4 - CRIMINAL CAUSES<br />

CHAPTER 200 - PRETRIAL PROCEDURES<br />

AMEND Rule 4-254 (b)(1) to add language providing that the<br />

filing of a notice of intention to seek the death penalty by the<br />

State’s Attorney is a condition for removal of a capital case <strong>and</strong><br />

to make certain stylistic changes, as follows:<br />

Rule 4-254. REASSIGNMENT AND REMOVAL<br />

(a) Reassignment in District Court<br />

The reassignment of a criminal action pending in the<br />

District Court shall be governed by the provisions of Rule 3-505.<br />

(b) Removal in Circuit Courts<br />

(1) Capital Cases<br />

When If a defendant is charged with an offense for which<br />

the maximum penalty is death <strong>and</strong> the State’s Attorney has filed a<br />

notice of intention to seek the death penalty, either party files<br />

may file a suggestion under oath that the party cannot have a<br />

fair <strong>and</strong> impartial trial in the court in which the action is<br />

pending,. A suggestion by a defendant shall be under the<br />

defendant’s personal oath, <strong>and</strong> a suggestion filed by the State<br />

shall be under the oath of the State’s Attorney. the When a<br />

suggestion is filed, the court shall order that the action be<br />

transferred for trial to another court having jurisdiction. The,<br />

<strong>and</strong> the Circuit Administrative Judge of the court ordering<br />

-148-

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!