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MARYLAND STATUTES AND CODES

Section 11-404 - Right of victim's representative to address jury in death penalty proceeding.

§ 11-404. Right of victim's representative to address jury in death penalty proceeding.
 

(a)  In general.- 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)  Hearings; limitations.-  

(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)  Right to hearing denied.- 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. 
 

[An. Code 1957, art. 27, § 780A(b), (c); 2001, ch. 10, § 2.]   

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