FifthAmendment DueProcess Punishment Securities
Whether the Maryland Court of Appeals erred in holding...
QUESTIONS PRESENTED oe |. Whether the Maryland Court of Appeals erred in hokding in light of Missouri v.. Hunter convictions for common law first degree murder did not merger under the required evidence test with statutory created legislature offense of use of a handgun in the commission of a felony or crime of violence ? : i. Whether the Maryland Court of Appeals erred in holding the Bartkus exception to the dual sovereignty doctrine does not exdst and a motion to correct an illegal sentence were not the appropriate forum to consider allegations sentences were illegal and were barred under the law of the case doctrine? Il. Whether the Maryland Court of Appeals erred in holding the jury was properly . hearkened by references to counts of indictment without specifying the particular offenses or degree of murder found beyond a reasonable doubt? : IV. Whether the Maryland Court of Appeals erred in holding death sentences , vacated under Mills v. Maryland court had authority to resentence and no legal requirement the resentencing jury's unanimous findings of aggravating circumstances be announce in open court or polled or hearken to those findings to imposed the death penalty ? V. Whether the Maryland Court of Appeals erred in hokding imposing of the fifteen year sentence thirty years tater for use of a handgun in the commission of a felony or crime of violence to run consecutive to federal sentences. of life plus ten years although executive branches of state and federal governments were to be served concurrently ?. Vi. Whether the Maryland Court of Appeals erred in holding govemor had sua . sponte authority to exercise executive powers under Maryland's Constitution, Art I, § 20 without an application seeking commutation to commute death @ VIL Whether the Maryland State Court of Appeals erred in holding governor commutation of death sentences into life sentences without the possibility of : parole does not violate ex post facto laws in criminal cases? (i)