No. 18-7714

Anthony Grandison v. Maryland

Lower Court: Maryland
Docketed: 2019-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: blockburger-test common-law-murder commutation cumulative-punishment double-jeopardy double-jeopardy-clause due-process felony-murder handgun-use jury-instructions legislative-intent merger-of-offenses non-merger-rule prosecutorial-discretion required-evidence-test sentencing statutory-construction statutory-offenses
Latest Conference: 2019-03-15
Question Presented (from Petition)

I. Whether the Maryland Court of Appeals erred in holding in light of Missouri v. Hunter convictions for common law first degree murder did not merger under the required evidence test with statutory created legislature offense of use of a handgun in the commission of a felony or crime of violence ?

II. Whether the Maryland Court of Appeals erred in holding the Bartkus exception to the dual sovereignty doctrine does not exist and a motion to correct an illegal sentence were not the appropriate forum to consider allegations sentences were illegal and were barred under the law of the case doctrine?

III. Whether the Maryland Court of Appeals erred in holding the jury was properly hearkened by references to counts of indictment without specifying the particular offenses or degree of murder found beyond a reasonable doubt?

IV. Whether the Maryland Court of Appeals erred in holding death sentences vacated under Mills v. Maryland court had authority to resentence and no legal requirement the resentencing jury's unanimous findings of aggravating circumstances be announce in open court or polled or hearken to those findings to imposed the death penalty ?

V. Whether the Maryland Court of Appeals erred in holding imposing of the fifteen year sentence thirty years later for use of a handgun in the commission of a felony or crime of violence to run consecutive to federal sentences of life plus ten years although executive branches of state and federal governments previously agreed among themselves under the law of comity those sentence were to be served concurrently ?.

VI. Whether the Maryland Court of Appeals erred in holding governor had sua sponte authority to exercise executive powers under Maryland's Constitution, Art. 11, s 20 without an application seeking commutation to commute death sentences into life sentences without the possibility of parole ?

Question Presented (AI Summary)

Whether the Maryland Court of Appeals erred in holding...

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-15
Waiver of right of respondent Maryland to respond filed.
2018-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Anthony Grandison
Anthony Grandison — Petitioner
Maryland
Carrie J. WilliamsOffice of the Attorney General, Respondent