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BAKER v. STATE

No. 132, September Term, 2004.

883 A.2d 916 (2005)

389 Md. 127

Wesley Eugene BAKER v. STATE of Maryland.

Court of Appeals of Maryland.

October 3, 2005.

Attorney(s) appearing for the Case

Gary W. Christopher, First Asst. Federal Public Defender (Franklin W. Draper, Asst. Federal Public Defender, and William B. Purpura, Assigned Public Defender, on brief), Baltimore, for appellant.

Annabelle L. Lisic, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for appellee.

Michael Millemann; David Walsh-Little, Baltimore; Deanne M. Ottaviano, Lisa A. Estrada, Arent Fox, P.L.L.C., Washington, DC, brief of amicus curiae John Booth-El.

William J. Murphy, John J. Connolly, Murphy & Shaffer, L.L.C., Baltimore; John J. Gibbons, Lawrence S. Lustberg, Claudia Van Wyk, Gitanjali S. Gutierrez, Jonathan Hafetz, Megan Lewis, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., Newark, NJ, of counsel, brief of amicus curiae NAACP in support of appellant.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, and GREENE, JJ.

HARRELL, Judge.

We consider here whether the Circuit Court for Harford County erred in denying a Motion to Correct an Illegal Sentence, without holding an evidentiary hearing, where the defendant relied principally on an empirical, government-sponsored study of Maryland's implementation between 1978 and 1999 of its death penalty statute, released publicly in early 2003 and published formally in 2004, to support an allegation of constitutional error in the 1992 imposition...

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