2013 Maryland Code
CRIMINAL PROCEDURE
§ 11-404 - Right of victim's representative to address jury in death penalty proceeding
§11-404.
(a) Except as provided in subsection (b) of this section, a victim’s representative has the same right to address the jury in a death penalty sentencing as a victim’s representative has to address a court under § 11-403 of this subtitle.
(b) (1) On motion of a defendant or the State or on the court’s own initiative, the court in a death penalty sentencing may hold a hearing outside of the presence of the jury to determine whether a victim’s representative may present an oral address to the jury.
(2) If the court determines that part of a victim’s representative’s oral address will be so unduly prejudicial that it renders the jury sentencing proceeding fundamentally unfair, the court may limit the prejudicial portion of the oral address.
(c) A victim’s representative who has been denied a right provided under this section may file an application for leave to appeal in the manner provided under § 11-103 of this title.
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