(DOWNLOAD) "Gore v. Maryland" by Court Of Appeals Of Maryland ~ eBook PDF Kindle ePub Free
eBook details
- Title: Gore v. Maryland
- Author : Court Of Appeals Of Maryland
- Release Date : January 01, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Heath William Burch was sentenced to death by a jury for the murders of Robert Davis and Cleo Davis. This Court affirmed the verdict and one of the two death sentences. See Burch v. State, 346 Md. 253, 696 A.2d 443 (1997). Following the denial of his petition for certiorari in the United States Supreme Court, 522 U.S. 1001, 118 S. Ct. 571, 139 L. Ed. 2d 410 (1997), and the denial of all his claims for post-conviction relief, he requested the trial judge to set a hearing on a Motion for Reconsideration of Sentence he filed in 1996. The issue we must decide in this case is whether the trial judge properly concluded that he had no authority under Maryland Rule 4-345(b) to modify a jury-determined sentence of death. We shall hold that when a judge imposes a sentence of death in accordance with a jury determination, Maryland Rule 4-345(b) is inapplicable and the Circuit Court has no authority under that rule to modify the sentence.