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OKEN v. STATE

No. 117, Sept. Term, 2002.

835 A.2d 1105 (2003)

378 Md. 179

Steven Howard OKEN v. STATE of Maryland.

Court of Appeals of Maryland.

November 17, 2003.

Attorney(s) appearing for the Case

Fred Warren Bennett (Michael E. Lawlor, Bennett & Nathans, LLP, on brief), Greenbelt, for appellant.

Ann N. Bosse, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for appellee.

Kent S. Scheidegger, Kymberlee C. Stapleton, Criminal Justice Legal Foundation, Sacramento, CA, brief of Amici Curiae of the Criminal Justice Legal Foundation, Frederick Joseph Romano and Frederick Anthony Romano, Supporting Affirmance.

Argued Before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

HARRELL, Judge.

It is Maryland's turn to consider the effect, if any, of the U.S. Supreme Court's holding in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), upon its capital punishment statutory scheme. At least eleven state supreme courts have preceded us in pondering the same question as regards their respective statutes.1 Of those states, four, Arizona,

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