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Source: This Rule is derived as follows:<br />

Section (a) is derived from former M.D.R. 744.<br />

Section (b) is derived from former Rule 744.<br />

REPORTER’S NOTE<br />

Judge Missouri pointed out a problem with the wording of<br />

subsection (b)(1) of Rule 4-254. A judge in his circuit<br />

interprets this provision to mean that the court is required to<br />

transfer a case upon the defense attorney’s request even though<br />

the State’s Attorney has no intention of seeking the death<br />

penalty. The wording of subsection (b)(1) does not track the<br />

language in the Maryl<strong>and</strong> Constitution, Article IV, Section 8,<br />

Removal of Cases. To make it clear that a case must be removed<br />

only when the State’s Attorney intends to seek the death penalty,<br />

the Rules Committee recommends the addition of language to<br />

subsection (b)(1) stating this requirement. Conforming stylistic<br />

changes also are proposed.<br />

-150-

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