Court of Appeals of Maryland· 3/13/2000

Burch v. State

Citations

747 A.2d 1209
358 Md. 278
2000 Md. LEXIS 107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that because trial judge is bound to impose death penalty when jury determines sentence shall be death and thus lacks discretion in such sentencing, court may not exercise sentencing revisory power under Maryland Rule 4-345(b)
holding that because trial judge is bound to impose death penalty when jury determines sentence shall be death and thus lacks discretion in such sentencing, court may not exercise sentencing revisory power under Maryland Rule 4-345(b)
finding that a trial court may not reconsider or modify a death sentence imposed pursuant to a jury determination because that action would conflict with the legislative scheme
“The clear, mandatory statutory language of Art. 27, § 413 leaves no discretion with the trial judge, who is bound by the jury’s decision, to modify the penalty[.]”
“ ‘Shall’ ordinarily indicates a mandatory intent”
\`Shall' ordinarily indicates a mandatory intent\

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Judges: Raker

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