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Session Laws, 1999
Volume 796, Page 570   View pdf image
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(G) FINDING OF COMPETENCE.

IF THE COURT FINDS THE INMATE TO BE COMPETENT, THE COURT
IMMEDIATELY:

(1) SHALL LIFT ANY STAY OF A WARRANT OF EXECUTION THAT WAS
PREVIOUSLY ISSUED AND HAS NOT YET EXPIRED; OR

(2) IF ALL PREVIOUSLY ISSUED WARRANTS OF EXECUTION HAVE
EXPIRED, SHALL NOTIFY THE COURT THAT IMPOSED THE SENTENCE OF DEATH AND
REQUEST THAT THE COURT ISSUE A NEW WARRANT OF EXECUTION.

(H) FINDING OF INCOMPETENCE.

(1) IF THE COURT FINDS THE INMATE TO BE INCOMPETENT, THE COURT

SHALL:

(I) STAY ANY WARRANT OF EXECUTION THAT WAS PREVIOUSLY
ISSUED AND HAS NOT YET EXPIRED; AND

(II) REMAND THE CASE TO THE COURT IN WHICH THE SENTENCE
OF DEATH WAS IMPOSED.

(2) THE COURT IN WHICH THE SENTENCE OF DEATH WAS IMPOSED
SHALL STRIKE THE SENTENCE OF DEATH AND ENTER IN ITS PLACE A SENTENCE OF
LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.

(3) THE SENTENCE OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY
OF PAROLE IMPOSED UNDER PARAGRAPH (2) OF THIS SUBSECTION IS MANDATORY
AND MAY NOT BE SUSPENDED WHOLLY OR PARTLY.

(I) APPEAL.

(1) THERE IS NO RIGHT OF APPEAL FROM AN ORDER ISSUED BY A
CIRCUIT COURT UNDER THIS SECTION.

(2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, EITHER
PARTY MAY SEEK REVIEW IN THE COURT OF APPEALS BY FILING AN APPLICATION
FOR LEAVE TO APPEAL IN ACCORDANCE WITH THE MARYLAND RULES.

(3) IF AN APPLICATION FOR LEAVE TO APPEAL IS FILED, THE COURT OF
APPEALS MAY STAY ANY WARRANT OF EXECUTION THAT WAS PREVIOUSLY ISSUED
AND HAS NOT YET EXPIRED.

(J) SUBSEQUENT PETITION.

(1) NOT EARLIER THAN 6 MONTHS AFTER A FINDING OF COMPETENCE,
THE INMATE MAY PETITION THE COURT FOR A REDETERMINATION OF COMPETENCE.

(2) THE PETITION MUST BE ACCOMPANIED BY AN AFFIDAVIT OF AT
LEAST ONE PSYCHIATRIST THAT:  

(I) IS BASED, AT LEAST IN PART, ON PERSONAL EXAMINATION;

 

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Session Laws, 1999
Volume 796, Page 570   View pdf image
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