Opinion

Tichnell v. State

  • 287 Md. 695
  • 415 A.2d 830
  • 1980 Md. LEXIS 187
Court
Court of Appeals of Maryland
Filed
Jun 10, 1980
Status
Published
Author
Cole
On the bench
Murphy, C.J., and Smith, Digges, Eldridge, Cole, Davidson and Rodowsky
Cited by
217 cases

finding that modern death penalty statute satisfied Eighth and Fourteenth Amendments to the United States Constitution and MDR Article 25 but remanding for re-sentencing because death sentence had been applied arbitrarily

How later courts described this case

  • finding that modern death penalty statute satisfied Eighth and Fourteenth Amendments to the United States Constitution and MDR Article 25 but remanding for re-sentencing because death sentence had been applied arbitrarily
  • explaining Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972); Woodson v. North Carolina, 428 U.S. 280, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976); Roberts v. Louisiana, 428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976); Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976); Proffitt v. Florida, 428 U.S. 242, 96 S.Ct. 2960, 49 L.Ed.2d 913 (1976); Jurek v. Texas, 428 U.S. 262, 96 S.Ct. 2950, 49 L.Ed.2d 929 (1976); and the General Assembly's reaction to these cases
  • explaining that in capital cases, Section 414(e) directs the Court to consider the factors enumerated therein in addition to those otherwise properly raised before the Court on appeal
  • explaining that the jury is not obligated to believe the defendant's version of events, but is permitted to draw its own conclusions based on the other evidence presented

Written by the judges who cited it.

The opinion

Cole, J.,

concurring:

I concur in the result, there being, in my opinion, no necessity to reach the constitutional issues in the case.

Davidson, J., concurring:

I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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