Maryland Criminal Procedure Section 11-404

Article - Criminal Procedure

§ 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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