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A Maryland Legal Chronology
Source: Maryland Division of Corrections

  1. June 10, 1961: Nathaniel Lipscomb executed for 1959 rape and murder of three women. Sentence was imposed February 26, 1960. Lipscomb v. State, 223 Md. 599, (Dec. 13, 1960).
  2. June 29, 1972: Supreme Court invalidates Georgia death penalty statute, declaring that manner in which death sentences were imposed was arbitrary and violative of Eight Amendment. Furman v. Georgia, 408 U.S. 238 (1972).
  3. December 4, 1972: Maryland Court of Appeals invalidates Maryland death penalty statute on basis of Furman. Bartholomey v. State, 267 Md. 175, 297 A.2d 696 (1972).
  4. July 1, 1975: Reenacted death penalty statute goes into effect. Statute mandates death in every first degree murder where aggravating circumstance is shown. Laws of Maryland 1975, Chapter 252.
  5. July 2, 1976: Supreme Court approves capital punishment system of guided discretion adopted in Georgia, Florida, and Texas. Court rejects "mandatory" system adopted by North Carolina and Louisiana. Gregg v. Georgia, 428 U.S. 153 (1976); Profitt v. Florida, 428 U.S. 242 (1976); Jurek v. Texas, 428 U.S. 262 (1976); Woodson v. North Carolina, 428 U.S. 280 (1976); Roberts v. Louisana, 428 U.S. 325 (1976).
  6. November 9, 1976: Maryland Court of Appeals concludes that Maryland death statute is mandatory and invalidates on basis of Woodson. Blackwell v. State, 278 Md. 466, 365 A.2d 545 (1976).
  7. March 10, 1978: Current death penalty statute approved, to become effective July 1, 1978. Laws of Md. 1978, Chapter 3.
  8. July 3, 1978: Supreme Court holds that a defendant may not be precluded from offering into evidence at a capital sentencing proceeding anything in mitigation relevant to the crime or the defendant. Lockett v. Ohio, 438 U.S. 586 (1978).
  9. May 29, 1979: Legislature amends Maryland statute to permit consideration of "any other" mitigating circumstance. Laws of Md. 1979, Chapter 521.
  10. August 24, 1979: First death sentence under current statute imposed on Richard Danny Tichnell in Wicomico County following removal from Garrett County.
  11. June 10, 1980: Maryland Court of Appeals approves facial constitutionally of capital punishment statute, but reverses death sentence based on possibility that Judge's comment influenced jury waiver for sentencing. Tichnell v. State 287 Md. 695, 415 A.2d 830 (1980).
  12. January 7, 1982: Maryland Court of Appeals permits evidence of "other crimes" which are not yet convictions at sentencing, but reverses sentence based on jury's failure to find uncontradicted mitigating circumstance relating to criminal history. Johnson v. State, 292 Md. 405, 439 A.2d 542 (1982).
  13. October 21, 1982: Maryland Court of Appeals issues order requesting supplemental briefing and argument in pending cases of Tichnell, Calhoun, Colvin, and Stebbing to define scope of proportionality review.
  14. May 24, 1983: New laws adopted removing intoxication as an express mitigating circumstances clarifying the hostage aggravating circumstance, mandating the consideration of victim impact statements in death cases, and increasing minimum parole eligibility date to 25 years where life imposed in capital proceeding. Laws of Md. 1983, Chapters 296, 297, 298, and 497.
  15. September 19, 1983: Maryland Court of Appeals reverses ninth consecutive death sentence, holding evidence of "other crimes" which are not yet convictions cannot be introduced at sentencing. Johnson distinguished solely on phraseology of objection and issue raised on appeal. Scott v. State, 297 Md. 235, 465 A.2d 1126 (1983).
  16. October, 1983: Billboards appear in Maryland declaring "Court of Appeals 9 - Citizens of Maryland 0."
  17. November 3, 1983: Maryland Court of Appeals affirms the death sentence imposed (for the third time) on Richard Danny Tichnell. The State's view of proportionality review is adopted. Tichnell v. State, 297 Md. 432, 463 A.2d 1 (1983).
  18. November 21, 1983: Maryland Court of Appeals affirms second death sentence and upholds right of prosecutors to exercise discretion on seeking death sentence under different standards. Calhoun v. State, 297 Md. 563, 468 A.2d 45 (1983).
  19. May 14, 1984: Supreme Court denies cert. in Tichnell and Calhoun cases. Tichnell and Calhoun v. Maryland, 466 U.S. 993 (1984).
  20. August 17, 1984: Maryland Court of Appeals affirms fifth death sentence, but drops footnote relating to burden of proof on ultimate weighing that seems to be inconsistent with statutory language. Trimble v. State, 300 Md. 387, 478 A.2d 1143 (1984).
  21. October 9, 1984: Supreme Court denies cert. in Stebbing, but Marshall writes dissent pointing out flaws in burden of proof. Stebbing v. Maryland, 469 U.S. 900 (1984).
  22. March 18, 1985: First death penalty post conviction proceeding results in setting aside of death sentence on Richard Danny Tichnell on basis of ineffective assistance of counsel.
  23. April 23, 1985: Court of Appeals reverses conviction of James Lodowski, but upholds use of victim impact evidence at capital sentencing. Lodowski v. State, 302 Md. 691, 490 A.2d 1228 (1985).
  24. November 12, 1985: Court of Appeals affirms death sentence and specifically holds that State bears ultimate burden of persuasion in weighing process. Court finds no inconsistency with this position and language in statute and on sentencing form. Foster v. State, 304 Md. 439, 499 A.2d 1236 (1985), reconsideration denied, 305 Md. 306 (1986).
  25. June 9, 1986: Court of Appeals reverses post conviction court and reinstates death sentence on Richard Danny Tichnell. State v. Tichnell, 306 Md. 428 (1986).
  26. July 7, 1986: Supreme Court denies cert. in Huffington, but Marshall dissents. He applauds Court of Appeals for placing burden on State in Foster, but doesn't understand how any sentence imposed prior to Foster could stand in view of confusion on burden. Huffington v. Maryland, 478 U.S. 1023 (1986).
  27. January 20, 1987: Governor Harry Hughes commutes death sentence of Doris Foster as he leaves office.
  28. April 29, 1987: Life without parole statute adopted as new alternative sentence in first degree murder cases. Laws of Md. 1987, Chapter 237.
  29. May 14, 1987: Statute adopted establishing procedure for handling claims to bar execution based on incompetency (Art. 27, §75A). Laws of Md. 1987, Chapter 418.
  30. June 2, 1987: Statute adopted precluding imposition of death sentence on defendants under age 18. Laws of Md. 1987, Chapter 626.
  31. June 15, 1987: Supreme Court rules introduction of victim impact evidence in capital proceeding to be unconstitutional. Booth v. Maryland, 482 U.S. 496 (1987).
  32. June 25, 1987: Maryland Court of Appeals upholds death sentence on Ralph Mills, but announces that sentencing juries no longer need to be unanimous on mitigating circumstances to engage weighing process. Mills v. State, 310 Md. 33, 527 A.2d 3 (1987).
  33. July 27, 1987: Court of Appeals adopts new sentencing form in Rule 4-343 that clearly allocates burden of proof to State and allows jurors to consider mitigating circumstances not unanimously found to exist.
  34. June 6, 1988: Supreme Court holds that Maryland sentencing form and jury instructions left "substantial possibility"; that jury did not apply law as interpreted by Court of Appeals, thus necessitating reversal. Mills v. Maryland, 486 U.S. 367 (1988).
  35. August 25, 1988: Maryland Court of Appeals reverses its earlier holdings in Poole and Booth and now mandates that courts permit defendants to introduce evidence concerning parole eligibility at sentencing. Doering v. State, 313 Md. 384, 545 A.2d 1281 (1988).
  36. May 25, 1989: Statute adopted precluding imposition of death sentence on "mentally retarded" defendants. Laws of Md. 1989, Chapter 677.
  37. January 10, 1990: Court of Appeals affirms first post-Booth, Mills, and Doering death sentence. Collins v. State, 318 Md. 269, 568 A.2d 1.
  38. June 28, 1990: Supreme Court denies cert. in Collins.
  39. July 1, 1991: Effective date of statute requiring post-conviction in capital case to be filed within 240 days of cert. denial and hearing to be held within 180 days of filing. Laws of Md. 1991, Chapter 499.
  40. September 14, 1992 Judge Turnbull denied post conviction relief in Gilliam v. State
  41. 1994: The Court of Appeals affirmed the denial of post conviction relief in Gilliam v. State, 331 Md. 651, 629 A.2d 685.
  42. March 11, 1994: Judge Turnbull denied second post conviction petition and the Court of Appeals denied leave to appeal.
  43. March 25, 1994: Statute adopted providing for lethal injection as the State's method of execution.
  44. April 26,1994: Thanos' mother and sister petition the United States District Court for the District of Maryland for habeas relief on Thanos' behalf.
  45. May, 1994: Three capital defendants (Hunt, Thomas, and Gilliam) file their initial federal habeas petitions.
  46. May 9, 1994: The Court of Appeals of Maryland denies the application of Thanos' mother and sister for leave to appeal from the prior decision of the Circuit Court for St. Mary's County dismissing the petitioner's post conviction petition for lack of standing. Thanos v. State, Misc. No. 13, Sept. Term, 1994.
  47. May 10, 1994: The United States District Court for the District of Maryland dismisses for lack of standing the habeas corpus petition filed by Thanos' mother and sister. Thanos' mother and sister announce through the Federal Public Defender that they will not seek further review.
  48. May 17, 1994: In the first Maryland execution in over thirty years, Thanos is executed in connection with the case originating in Worcester County and subsequently removed to St. Mary's County.
  49. June 27, 1994: For the first time in over thirty years, the United States District Court for the District of Maryland issues a decision denying a capital defendant's habeas corpus petition on the merits. Hunt V. Smith, 856 F. Supp. 251 (D. Md. 1994) (Smalkin, J.).
  50. June 27, 1995: The U.S. Court of Appeals for the Fourth Circuit affirmed the denial of habeas relief in Hunt v. Nuth, 57 F.3d 1327
  51. October 1, 1995: Statute adopted altering Maryland's capital appellate process.
  52. April 23, 1996: Circuit Court Judge Ross denied Hunt's second post conviction petition.
  53. November 20, 1996: U.S. District Court Judge Garbis vacated Gilliam's death sentence.
  54. December 4, 1996: The state filed a Rule 59(e) motion.
  55. March 18, 1997: Circuit Court Judge Ross' denial was affirmed in Hunt v. State, 345 Md. 122, 691 A.2d 1255
  56. April 9, 1997: Judge Garbis granted the Rule 59(e) motion and denied Gilliam's habeas petition.
  57. May 15 1997: Circuit Court Judge Kaplan issued an execution warrant setting Hunt's execution for the 5-day period commencing on June 30, 1997.
  58. June 16, 1997: Gilliam filed a Rule 59(e) petition, which was denied.
  59. July 2, 1997: Hunt was executed at 12:27 a.m.
  60. January 13, 1998: The U.S. Court of Appeals for the Fourth Circuit affirmed denial of habeas in Gilliam v. Simms, 1998 WL 17041.
  61. October 5. 1998: Gilliam's certiorari petition was denied by the U.S. Supreme Court.
  62. October 5, 1998: Circuit Court Judge Fader signed an execution warrant setting execution for 5-day period beginning on November 16, 1998.
  63. November 16, 1998: Gilliam was executed at 10:27 p.m.