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STEPHENS v. STATE

No. 114, September Term, 2010.

24 A.3d 105 (2011)

420 Md. 495

Lee E. STEPHENS v. STATE of Maryland.

Court of Appeals of Maryland.

July 12, 2011.

Attorney(s) appearing for the Case

A. Stephen Hut, Jr. ( Ryan Huschka , Maureen P. Smith , Brenda E. Lee of WilmerHale, Washington, D.C.; Gary E. Proctor of Law Offices of Gary E. Proctor, Baltimore, MD; Michael E. Lawlor of Lawlor & Englert, LLC, Greenbelt, MD), on brief, for Appellant.

James E. Williams , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BARBERA, J.

Maryland Code (2002, 2010 Supp.), § 2-203(a)(3) of the Criminal Law Article ("CrL") forbids the imposition of the death penalty without the State having first presented to the jury or court, inter alia, biological or DNA evidence linking the defendant to the murder. We are asked in this appeal whether CrL § 2-203(a)(3) requires such a determination be made by a judge at a pre-trial evidentiary hearing...

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