229 Md. App. 312 - Bellard v. State’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But we need not dig deeply into Senate Bill 276 to find its purpose. The bill’s Preamble says in so many words that its purpose was “repealing the death penalty,” and the Fiscal and Policy Note states that the bill “repeals the death penalty and all provisions relating to it.” Fiscal and Policy Note Revised, S.B. 276 Md. at 1. Neither mentions other alterations to the sentencing authority or procedures for first-degree murder, and the provisions of the bill itself simply removed portions of the Maryland Code relating to the death penalty and replaced references to repealed language. This obviously was a complicated task, and details can — and apparently did — get overlooked. But our two alternatives are to acknowledge that subsection (b) of CR § 2-304 has become purely vestigial, or to interpolate an intention on the part of the General Assembly to create jury sentencing rights that previously didn’t exist in non-capital first-degree murder cases. We see nothing in the purpose or language of the legislation itself that suggests any intent to expand jury sentencing to defendants facing life without parole. And although we could have stopped there, we reviewed the legislative history as well, and it too supports a conclusion that the purpose of the legislation was to repeal the death penalty, rather than alter sentencing procedures in non-capital murder eases.”

   1 later decision quote this exact passage · from the majority
   e.g. 229 Md. App. 645 - Shiflett v. State

2. “(a) In general.—If the State gave notice under [CR] § 2-203(1) [], the court shall conduct a separate sentencing proceeding as soon as practicable after the defendant is found guilty of murder in the first degree to determine whether the defendant shall be sentenced to imprisonment for life without the possibility of parole or to imprisonment for life. (b) Findings.—(1) A determination by a jury to impose a sentence of imprisonment for life without the possibility of parole must be unanimous. (2) If the jury finds that a sentence of imprisonment for life without the possibility of parole shall be imposed, the court shall impose a sentence of imprisonment for life without the possibility of parole. (3) If, within a reasonable time, the jury is unable to agree to imposition of a sentence of imprisonment for life without the possibility of parole, the court shall impose a sentence of imprisonment for life.”

   1 later decision quote this exact passage · from the majority
   e.g. Bellard v. State

3. “A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if: (1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and (2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with [CR] § 2-304[.]”

   1 later decision quote this exact passage · from the majority
   e.g. Bellard v. State