The Cost of the Death Penalty in Maryland - Urban Institute

7) it is unlikely that the defendant will engage in further criminal activity that would be a
continuing threat to society; or
8) any other fact that the court or jury specifically sets forth in writing as a mitigating
circumstance in the case.
The decision as to whether the aggravators outweigh the mitigators belongs to the jury. The jury
may, for example, find that a single aggravating circumstance—the allegation that the murder took
place while the defendant was attempting to commit another crime— outweighs the mitigating
circumstances—youthful age at the time of the murder and an absence of violent criminal history—
and, accordingly, impose the death penalty.
State Post-Conviction Review in Trial Court
The post-conviction review procedure allows a defendant to raise specific challenges in court
that may not have been heard on appeal. 4 Most often, those challenges involve issues which fall
outside the trial record, including the ineffectiveness of counsel or withholding of evidence by the
state. The defendant may also raise claims based on new case law or on claims that the defendant
unknowingly waived fundamental rights. Because the nature of these claims often involves reopening
parts of the case, the defendant may seek to prove prior counsel failed to present
exculpatory evidence. Thus, preparation for post-conviction review may result in significant costs,
particularly to the new defense.
All defendants have a statutory right to counsel on their first petition. 5 In subsequent postconviction
reviews for death sentence cases counsel is also provided. Counsel is rarely provided for
additional post-conviction reviews for cases with other sentences. In Maryland, a capital defendant is
typically represented by a private attorney who is reimbursed by the state. The prosecuting attorney
and the attorney general represent the State at this stage. Prior to 1994, the deadline for filing a
petition for post-conviction relief was 340 days prior to 1994 and the deadline was reduced to 210
days thereafter. Once a decision is rendered, a defendant seeking to appeal must file for a leave to
appeal with the Court of Appeals.
Before 1995, a capital or non-capital defendant had the right to file a second post conviction
petition. Under current law, however, a second post conviction petition can be only be filed if
reopening the case is in the ‘interest of justice.’ The right to a hearing is only guaranteed for the first
post-conviction review. In practice, defendants in death sentence cases often proceed through
multiple post-sentencing reviews.
Direct Review in Maryland Court of Appeals
After a guilty verdict and sentencing, the defendant progresses through multiple stages of postsentencing
case review. Defendants in cases with a sentence other than death first appeal to the
4 Maryland Uniform Post Conviction Procedure Act.
5 Section 645A (A) of Article 27.
The Cost of the Death Penalty in Maryland
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