04 Jan Post-conviction hearings can give Maryland defendants hope

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Friday, January 4, 2013.

While a criminal conviction can feel like the end of the road for many defendants, the truth is that such individuals still have several options to pursue once the original trial ends. For instance, criminal defendants in the state of Maryland can pursue post-conviction hearings in order to appeal their conviction or challenge the specific sentence that they have been given. One man is doing just this by appealing his death sentence all the way to the Maryland Court of Appeals.

The man was initially convicted of the robbery and murder of a man who managed a theater back in 1997. He was given the death sentence several months later, in early 1998. Since then, he has filed several criminal appeals challenging his conviction but has had little success in overturning his verdict.

Now, however, the man is asking that the state’s highest court find that the death penalty is overly cruel and should be deemed unconstitutional. Among the man’s arguments against the death penalty is the fact that it typically is not particularly effective at discouraging further crime. This seems a particularly valid argument in a state that actually rarely uses the death penalty. The man in this case is only one of five current death row inmates in Maryland. Furthermore, the state has not sent anyone to an actual execution in at least seven years.

Post-conviction hearings can be vital for ensuring that criminal defendants have not been wrongfully convicted or have received too harsh of a sentence. While it is natural that a criminal conviction might inspire uncertainly in an individual, they should not give up hope. The criminal appeals process can help such individuals make sure that their rights under the law are as protected as possible.

Source: WashingtonExaminer.com, “Maryland’s top court to hear death penalty challenge,” Rachel Baye, Dec. 26, 2012