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MAZIARZ v. STATE

No. 2 and 22, September Term, 1984.

302 Md. 1 (1984)

485 A.2d 245

DONALD THOMAS MAZIARZ v. STATE OF MARYLAND.

Court of Appeals of Maryland.

December 21, 1984.

Attorney(s) appearing for the Case

George E. Burns, Jr., and Mark Colvin, Asst. Public Defenders, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief) for appellant.

Jillyn K. Schulze, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

RODOWSKY, Judge.

Appellant, Donald Thomas Maziarz (Maziarz), seeks reversal of his death sentence. In weighing mitigating versus aggravating factors the sentencing judge applied a standard of persuasion which placed a heavier burden on Maziarz than that authorized by statute. To rectify this error requires vacating the death sentence and remanding for a new sentencing proceeding on the verdict of guilty of capital murder.

The murder victim, Peggy Naomi Green...

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