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Jones v. State

Court of Appeals of Maryland
Nov 1, 1988
314 Md. 111 (Md. 1988)

Summary

affirming all judgments of trial court except for sentence of death

Summary of this case from Conyers v. State

Opinion

Nos. 72, 122, September Term, 1985.

November 1, 1988.

On Remand from the Supreme Court of the United States.

Michael R. Braudes, Asst. Public Defender (Alan H. Murrell, Public Defender, George E. Burns, Jr., Asst. Public Defender, on brief), Baltimore, for appellee.

Valerie J. Smith, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for appellee.

Reargued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


In Jones v. State, 310 Md. 569, 530 A.2d 743 (1987), this Court affirmed appellant's convictions and sentences for two first degree murders and other offenses. In particular, we upheld the death penalty imposed by a jury for the two first degree murders. Subsequently, the Supreme Court of the United States vacated this Court's judgment and remanded the case to this Court for further consideration in light of Mills v. Maryland, 486 U.S. ___, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988). See Jones v. Maryland, 486 U.S. ___, 108 S.Ct. 2815, 100 L.Ed.2d 916 (1988).

After additional briefing and argument, and consideration of the Supreme Court's opinion in Mills v. Maryland, supra, we conclude that a new capital sentencing hearing must be ordered in this case. Recently, in State v. Colvin, 314 Md. 1, 5, 548 A.2d 506 (1988), we held that "[a] new sentencing hearing is required . . . because the procedure employed at Colvin-El's sentencing by a jury is indistinguishable from the procedure invalidated in Mills v. Maryland, 486 U.S. ___, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988)." In substance, the same is true here.

JUDGMENTS OF THE CIRCUIT COURT FOR BALTIMORE COUNTY AFFIRMED EXCEPT AS TO DEATH SENTENCE. DEATH SENTENCE VACATED. CASE REMANDED FOR A NEW SENTENCING PROCEEDING UNDER, § 413 OF ARTICLE 27. COSTS TO BE PAID BY BALTIMORE COUNTY.


Summaries of

Jones v. State

Court of Appeals of Maryland
Nov 1, 1988
314 Md. 111 (Md. 1988)

affirming all judgments of trial court except for sentence of death

Summary of this case from Conyers v. State
Case details for

Jones v. State

Case Details

Full title:GREGORY JONES v. STATE OF MARYLAND

Court:Court of Appeals of Maryland

Date published: Nov 1, 1988

Citations

314 Md. 111 (Md. 1988)
549 A.2d 17

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