mills maryland argued march decided june petitioner maryland prison inmate tried jury convicted murder cellmate trial sentencing phase jury found state established statutory aggravating factor petitioner committed murder confined correctional institution marked beside mitigating circumstance referenced verdict form thereby requiring imposition death penalty maryland capital sentencing scheme petitioner challenged sentence ground maryland statute applied unconstitutionally mandatory asserted statute explained jury instructions implemented verdict form required imposition death sentence jury unanimously found aggravating circumstance agree unanimously existence particular mitigating circumstance thus even jurors believe mitigating circumstance circumstances present unless unanimously agree existence mitigating factor sentence necessarily death maryland appeals concluded death sentence constitutionally sound interpreting statute unanimity requirement applying jury determinations critical issues including acceptance rejection mitigating circumstances observed verdict form regarded requiring jury agree unanimously order mark respect existence mitigating circumstance trial judge instructions stressed need unanimity issues presented concluded jury agree unanimously accept reject particular mitigating circumstance answer circumstance verdict form left blank jury proceed balancing phase juror weigh mitigating circumstances found established balance aggravating circumstances unanimously found held capital case sentencer may precluded considering mitigating factor relevant circumstance including aspect defendant character record circumstances offense defendant proffers basis sentence less death maryland statute sentencer finds mitigating circumstances proved exist proceeds decide whether circumstances outweigh aggravating circumstances petitioner correct jury unanimously agree existence single mitigating circumstance may give mitigating evidence effect whatsoever must impose death sentence interpretation correct case must remanded resentencing pp substantial probability reasonable jurors upon receiving judge instructions case attempting complete verdict form instructed well may thought precluded considering mitigating evidence unless jurors agreed existence particular mitigating circumstance jury understood mark verdict form failed agree unanimously mitigating circumstance existed jurors might prevented considering factors might call less severe penalty petitioner death sentence stand pp respect findings guilt jury verdict must set aside supported one ground another reviewing uncertain two grounds relied upon jury reaching verdict review death sentences demands even greater certainty jury conclusions rested proper grounds pp appeals construction jury instructions verdict form plausible concluded degree certainty jury adopt petitioner interpretation instead nothing verdict form judge instructions even arguably construable suggesting jury leave answer blank proceed next step deliberations jury following instructions set verdict form precluded considering mitigating evidence single juror adhered view evidence considered pp extrinsic evidence jury case actually thought portions record relating verdict form judge instructions indicate least substantial risk jury misinformed moreover since time case decided appeals promulgated new verdict form expressly covering situation lack unanimity existence nonexistence particular mitigating factor providing consideration mitigating evidence determining sentence shows least concern part juries misunderstand previous instructions unanimity consideration mitigating evidence individual jurors pp blackmun delivered opinion brennan white marshall stevens joined brennan post white post filed concurring opinions rehnquist filed dissenting opinion scalia kennedy joined post george burns argued cause petitioner brief alan murrell michael braudes julia doyle bernhardt charles monk ii deputy attorney general maryland argued cause respondent brief joseph curran attorney general gary bair richard rosenblatt assistant attorneys general julius chambers richard burr iii deborah fins anthony amsterdam filed brief naacp legal defense educational fund amicus curiae urging reversal justice blackmun delivered opinion petitioner seeks review decision maryland highest construes state capital sentencing scheme manner preserves constitutionality may evident jury charged sentencing function case reason believe jury also arrived saving construction must vacate sentence death remand case resentencing petitioner ralph mills tried jury convicted murder cellmate maryland correctional institution hagerstown jury found petitioner repeatedly stabbed victim shank homemade knife sentencing phase trial jury found state established one statutory aggravating circumstance propounded namely petitioner committed murder time confined correctional institution app defense counsel sought persuade jury presence certain mitigating circumstances particular petitioner relative youth mental infirmity lack future dangerousness state failure make meaningful attempt rehabilitate petitioner incarcerated verdict form provided trial pursuant since rescinded maryland rule procedure jury marked beside referenced mitigating circumstance returned sentence death petitioner challenged conviction sentence various grounds including argument maryland statute md ann code art applied unconstitutionally mandatory petitioner construed statute explained jury instructions implemented verdict form require imposition death sentence jury unanimously found aggravating circumstance agree unanimously existence particular mitigating circumstance according petitioner view even jurors believe mitigating circumstance circumstances present unless unanimously agree existence mitigating factor sentence necessarily death maryland appeals concluded imposition petitioner death sentence constitutionally sound md dispute statute form read petitioner suggested jurors improperly prevented giving due consideration mitigating evidence however interpreted statute differently held requirement unanimity applied jury determinations critical issues including acceptance rejection mitigating circumstances observing verdict form regarded requiring jury agree unanimously order mark respect existence mitigating circumstance trial judge instructions stressed need unanimity issues presented absence unanimity ultimate question sentence imposed statute required imposition life imprisonment see thus view long one juror believes exists mitigating factor factor outweighed aggravating circumstances juror continues adhere position sentence death statutory scheme appeals recognized however statute fully provide transpire unanimity lacking various stages sentencing deliberation concluding state legislature intend jury deadlock impose life sentence whenever agree unanimously accept reject particular mitigating circumstance pursuant statutory authority fill gaps sentencing process see appeals instructed jury proceed balancing stage leaving answer circumstance blank directed juror weigh mitigating circumstances found established balance aggravating circumstances unanimously found jury dissenting judge sharply disagreed majority view state legislature intended make rejection mitigating circumstance kind ultimate issue requires unanimity observed law generally requires unanimity verdicts alternative predicate historic fact support verdict dissent also concluded probable least reasonably possible jury understood answer verdict form represented failure find unanimously existence circumstance rather unanimous determination circumstance exist importance issue maryland scheme granted certiorari ii petitioner argument straightforward well illustrated hypothetical situation contends possible maryland capital sentencing scheme eleven jurors agree six mitigating circumstances result mitigating circumstance found consequently nothing weigh aggravating circumstance found judgment death even though eleven jurors think death penalty wholly inappropriate brief petitioner although jury discretion must guided appropriately objective standards see godfrey georgia plurality opinion certainly height arbitrariness allow require imposition death penalty circumstances postulated petitioner dissent beyond dispute capital case sentencer may precluded considering mitigating factor aspect defendant character record circumstances offense defendant proffers basis sentence less death eddings oklahoma quoting lockett ohio plurality opinion emphasis original see skipper south carolina corollary sentencer may refuse consider precluded considering relevant mitigating evidence equally well established ibid emphasis added quoting eddings maryland sentencing scheme sentencer finds mitigating circumstance circumstances proved exist proceeds decide whether mitigating circumstances outweigh aggravating circumstances sentences defendant accordingly petitioner correct jury unanimously agree existence mitigating circumstance may give mitigating evidence effect whatsoever must impose sentence death see decisions relevant whether barrier sentencer consideration mitigating evidence interposed statute lockett ohio supra hitchcock dugger sentencing eddings oklahoma supra evidentiary ruling skipper south carolina supra must true respect single juror holdout vote finding presence mitigating circumstance whatever cause petitioner interpretation sentencing process correct conclusion necessarily sentencer failure consider mitigating evidence risks erroneous imposition death sentence plain violation lockett duty remand case resentencing eddings oklahoma concurring iii critical question whether petitioner interpretation sentencing process one reasonable jury drawn instructions given trial judge verdict form employed case see francis franklin question state declares meaning charge rather reasonable juror understood charge meaning citing sandstrom montana accord california brown jury understood verdict form appeals asserted every time marked beside mitigating circumstance indicated unanimous conclusion petitioner proved relevant facts preponderance evidence thus properly upheld judgment hand jury understood mark failed agree unanimously mitigating circumstance existed jurors prevented considering factors may call less severe penalty lockett ohio petitioner sentence stand respect findings guilt criminal charges consistently followed rule jury verdict must set aside supported one ground another reviewing uncertain two grounds relied upon jury reaching verdict see yates stromberg california reviewing death sentences demanded even greater certainty jury conclusions rested proper grounds see lockett ohio risk death penalty imposed spite factors may call less severe penalty unacceptable incompatible commands eighth fourteenth amendments andres reasonable men might derive meaning instructions given proper meaning probable death cases doubts presented resolved favor accused accord zant stephens unless rule substantial possibility jury may rested verdict improper ground must remand resentencing conceding appeals construction jury instructions verdict form plausible conclude degree certainty jury adopt petitioner interpretation jury instructions verdict form conclusion sentencing phase judge distributed copies form jurors form reproduced entirety answers given appendix opinion reading aloud instruction part form section stressing unanimity requirement judge explained ou must consider whether aggravating circumstance number two proven beyond reasonable doubt unanimously conclude proven answer question yes satisfied course must answer app emphasis added find difficult read statement requirement answer like yes answer must unanimous indeed verdict form establishes least rough equivalence lack unanimity write yes writing jury learns form failure write yes beside aggravating circumstance leads imposition life sentence result obtains jury answers every aggravating circumstance judge moved section ii form addresses jury determination mitigating circumstances exist language beginning section identical beginning section except standard proof preponderance evidence rather beyond reasonable doubt see appendix opinion post presume unless instructed contrary jury read similar language throughout form consistently jury instructed mark answer yes although clear jury mark yes box without unanimity nothing judge said dispelled probable inference opposite yes therefore appropriate answer reflect inability answer question affirmative nothing verdict form judge instructions even arguably construable suggesting jury leave answer blank proceed next stage deliberations place form jury opportunity write anything yes respect mitigating circumstance number eight see appendix opinion post permits jury recognize mitigating anything addition enumerated mitigating factors petitioner offered basis sentence less death judge explained jury found mitigating circumstances must list space provided find mitigating circumstance make entry upon lines number eight app instruction given indicating jury jurors willing recognize something petitioner background circumstances crime mitigating factor ordinarily maryland jury reaches balancing stage deliberation process time unanimously finds least one mitigating circumstance interpretation adopted appeals case time jury unanimously reject mitigating circumstances jurors sentenced petitioner reached section iii found even read verdict form appeals suggests marked yes basis unanimity either free point consider relevant evidence mitigation balanced aggravating mitigating circumstances section iii instructed jury weigh mitigating circumstances marked yes section ii mitigating circumstance marked even unanimously rejected considered juror jury following instructions set verdict form precluded considering mitigating factor aspect defendant character record circumstanc offense defendant proffer ed basis sentence less death skipper south carolina even single juror adhered view factor considered course extrinsic evidence jury case actually thought us verdict form judge instructions reading parts record leads us conclude least substantial risk jury misinformed dissenting judge astounded majority reading statute verdict form said appears blue nearly ten years extensive litigation involving statute looking evidence jury interpretation available dissent noted sentencing forms completed capital cases death penalty imposed answer existence mitigating circumstances ever left blank one additional bit evidence natural interpretation form become available since case decided june emergency basis appeals promulgated new findings sentencing determination form see md rule proc amended july effective new form expressly incorporates unanimity requirement accepting rejecting aggravating circumstances significantly however section concerning mitigating circumstances completely rewritten changed statutory mitigating circumstance jury asked choose among three options mark one unanimously find preponderance evidence circumstance exists unanimously find preponderance evidence circumstance exist reasonable period deliberation one us fewer find preponderance evidence circumstance exists md ann code md rules vol pp respect consideration mitigating evidence weighing balancing process new verdict form instructs jurors follows jury unanimously determines section iii mitigating circumstances exist complete section iv proceed section enter death jury juror determines one mitigating circumstances exist complete section iv ibid emphasis added individual juror shall weigh aggravating circumstances found unanimously exist mitigating circumstances found unanimously exist well mitigating circumstances found individual juror exist ibid emphasis added one member jury sentenced ralph mills similarly instructed jury maryland say degree confidence interpretation mills jury adopted common sense little extrinsic evidence possess suggest juries leave blanks report deadlocked mitigating circumstances reasonable deliberation see tr oral arg unless expressly instructed decision exercise power state execute defendant unlike decision citizens public officials called upon make evolving standards societal decency imposed correspondingly high requirement reliability determination death appropriate penalty particular case possibility petitioner jury conducted task improperly certainly great enough require resentencing iv conclude substantial probability reasonable jurors upon receiving judge instructions case attempting complete verdict form instructed well may thought precluded considering mitigating evidence unless jurors agreed existence particular circumstance cases sentencer must permitted consider mitigating evidence possibility single juror block consideration consequently require jury impose death penalty one dare risk therefore vacate judgment appeals insofar sustained imposition death penalty case remanded proceedings inconsistent opinion ordered appendix opinion findings sentence determination form employed petitioner trial section based upon evidence unanimously find following aggravating circumstances marked yes proven beyond reasonable doubt aggravating circumstance marked proven beyond reasonable doubt victim law enforcement officer murdered performance duties defendant committed murder time confined correctional institution defendant committed murder furtherance escape attempt escape evade lawful custody arrest detention officer guard correctional institution law enforcement officer victim hostage taken attempted taken course kidnapping abduction attempt kidnap abduct victim child abducted violation code article defendant committed murder pursuant agreement contract remuneration promise remuneration commit murder defendant engaged employed another person commit murder murder committed pursuant agreement contract remuneration promise remuneration time murder defendant sentence death imprisonment life defendant committed one offense murder first degree arising incident defendant committed murder committing attempting commit robbery arson rape sexual offense first degree one marked yes complete section ii marked complete sections ii iii section ii based upon evidence unanimously find following mitigating circumstances marked yes proven exist preponderance evidence mitigating circumstance marked proven preponderance evidence defendant previously found guilty crime violence ii entered plea guilty nolo contendere charge crime violence iii granted probation stay entry judgment pursuant charge crime violence used paragraph crime violence means abduction arson escape kidnapping manslaughter except involuntary manslaughter mayhem murder robbery rape sexual offense first second degree attempt commit offenses use handgun commission felony another crime violence victim participant defendant conduct consented act caused victim death defendant acted substantial duress domination provocation another person substantial constitute complete defense prosecution murder committed capacity defendant appreciate criminality conduct conform conduct requirements law substantially impaired result mental incapacity mental disorder emotional disturbance youthful age defendant time crime act defendant sole proximate cause victim death unlikely defendant engage criminal activity constitute continuing threat society mitigating circumstances exist set forth one section ii marked yes complete section iii section ii marked complete section iii section iii based evidence unanimously find proven preponderance evidence mitigating circumstances marked yes section ii outweigh aggravating circumstances marked yes section yes determination sentence enter determination sentence either life imprisonment death according following instructions answers section marked enter life imprisonment section iii completed marked yes enter life imprisonment section ii completed answers marked enter death section iii completed marked enter death unanimously determine sentence death app footnotes jury instructed report conclusions findings sentence determination form called rule prior petitioner sentencing rule replaced maryland rule procedure stipulated use form similar one used case dissent noted form provided rule used petitioner trial concluded prejudice resulted petitioner use similar incorrect form md petitioner raised objection use outdated form opposed form form actually used petitioner trial answers given set entirety appendix opinion appeals maryland disposed claim merits despite petitioner failure see app tr oral arg object verdict form jury instructions sentencing proceeding presumably appeals found appropriate either review plain error see generally wright federal practice procedure ed concluded maryland law otherwise bar petitioner claim event view maryland review merits jurisdiction federal constitutional question established see orr orr franks delaware note passing counsel petitioner filed pretrial motion asserted generally article section maryland rule unconstitutionally restrict discretion finder fact determining whether death penalty imposed record time petitioner trial provided jury within reasonable time able agree sentence shall dismiss jury impose sentence imprisonment life see md laws ch effective july amended read jury within reasonable time able agree whether sentence death shall imposed may impose sentence death perceive nothing significant petitioner case amendment section affords convicted capital defendant choice sentencing judge jury case petitioner invoked right sentenced jury discussion maryland sentencing scheme limited context indeed appeals contemplated two alternative lawful consequences lack unanimity accept reject mitigating circumstance jury deadlock requiring imposition life sentence prescribed jury proceed balancing stage juror consider evidence mitigation reach conclusion whether death penalty warranted one argued maryland appeals suggest mitigating evidence rendered legally irrelevant one holdout vote maryland law jury free stage decide relevant facts even proved mitigating effect decision already made state legislature see see also tr oral arg jury discretion attaching significance presence mitigating circumstances properly exercised subsequent balancing stage process see andres construed federal statute required imposition death penalty murder unless guilty verdict qualified addition phrase without capital punishment see concluded statute required jury unanimous guilt whether death penalty imposed rather government contended requiring death penalty imposed unless jury unanimously agreed impose qualification appeals ninth circuit also rejected government contention arrived construction statute similar found jury instructions conveyed proper construction jury disagreed finding instructions jury received might reasonably conclude agree grant mercy verdict guilt must stand unqualified find puzzling dissent citation post jurek texas white concurring judgment case upheld different sentencing procedure followed texas juries indeed may capable understanding issues posed capital sentencing proceedings must first properly instructed dissent ably reports trial judge stressed ver post jury findings unanimous instructions trial explain jury reach unanimity answer yes something answer dissent like trial confuses repetition clarity pronouncing one way jury understood instructions see post even maryland appeals believed see infra conclusion section ii instructions effect failure answer yes question obtained consequence answering questions one section two marked yes go section three section two marked complete section three app jury case apparently never reached balancing stage process jury returned courtroom report verdict even judge confused failure complete section iii accordance form instructions see app prosecutor suggested colloquy jurors hung language ibid example jurors case might found petitioner age constituted mitigating factor youthfulness indeed sentencing report trial judge noted evidence jury found existence mitigating circumstance youthful age app jurors hand might accepted prosecutor argument petitioner youthful terms criminal justice system history criminal activity circumstances lack unanimity prevented jury marking answer yes regardless whether answer marked left blank instructions section iii prevent jurors thought petitioner youthfulness relevant ultimate sentencing decision giving mitigating circumstance weight petitioner lodged copies sentencing forms used two cases state new sentencing form appears made significant difference jury found one aggravating circumstance failed agree mitigating circumstance however report three statutory mitigating circumstances found one fewer jurors jury also articulated three nonstatutory mitigating circumstances found one jurors jury reported unanimously find aggravating circumstances marked proven outweighed mitigating circumstances unanimously fixed sentence life imprisonment see findings sentencing determination cty prince george doering state jury used verdict form apparently containing aspects old new forms jurors instructed event one found mitigating circumstance agreed leave answer blank jury exercised option respect one statutory mitigating circumstance jury also articulated additional nonstatutory mitigating circumstance found one jurors upon balancing aggravating mitigating circumstances jury sentenced defendant death see findings sentencing determination cty baltimore conclusion issue sufficient dispose case refrain review appeals sua sponte declaration see victim impact statement introduced evidence contravention decision last term booth maryland justice brennan concurring join opinion agree fully analysis current death penalty jurisprudence death sentence case must vacated write separately judgment without prejudice sentencing proceedings expressly preclude reimposition death penalty adhering view death penalty circumstances cruel unusual punishment prohibited eighth fourteenth amendments gregg georgia direct resentencing proceedings circumscribed state may reimpose death sentence justice white concurring issue case reasonable jurors understood applied instructions issue opinion addresses persuaded reaches correct solution hence join opinion chief justice rehnquist justice justice scalia justice kennedy join dissenting decides sentence imposed maryland jury constitutionally infirm certain juror understood sentencing instructions charges jury last term california brown reaffirmed view relevant inquiry whether impermissible interpretation instructions jury however improbable literally possible instead reasonable juror understood charge meaning think instructions charges jury case pass test affirm petitioner sentence well conviction petitioner already serving sentence murder committed stabbed cellmate times chest times back homemade knife petitioner threatened kill cellmate several weeks earlier numerous demands met prison warden august made good threat evidence trial strongly suggested brutal assault unprovoked initiated victim asleep finding petitioner guilty murder maryland jury hearing case proceeded sentencing phase trial part sentencing process jury provided standard sentencing form although sentencing form reproduced appendix majority opinion believe useful review instructions charges confronted jurors section sentencing form requires jurors unanimously determine whether several aggravating circumstances existed jurors unanimously found defendant committed murder time confined correctional institution app reaching decision jury moved section ii form began based upon evidence unanimously find following mitigating circumstances marked yes proven exist preponderance evidence mitigating circumstance marked proven preponderance evidence appendix opinion ante jury negative responses examined light directions section ii admit one reasonable interpretation jury unanimously found mitigating factors existed weighed aggravating circumstance unanimously determined present reasonable juror understood charge meaning absolutely reason think meaning abundantly plain jurors acting instructions instructions serve understandable guide jury deliberations accompanied additional charges trial judge although ignores several charges think open doubt reinforce jury understanding must unanimously reach decision question proceeding next distributing sentencing forms trial judge delivered following charges let remind reaching determination issues raised case presented sentencing form verdict must unanimous twelve must agree find existence unanimously beyond reasonable doubt aggravating circumstance number two mark yes proceed section two begins top page two provides based upon evidence unanimously find following mitigating circumstances marked yes proven exist preponderance evidence mitigating circumstance marked proven preponderance evidence stress finding mitigating circumstances must unanimous must agree let stress requirement unanimity finding section two findings section three must one twelve agree let remind burdens proof defined requirement verdict decision regard items must unanimous let remind consider circumstances must indicate yes however unanimous decision falls emphasis added also little uncertain standard majority purports employ finding jury may understood instructions intended california brown held correct inquiry situation reasonable juror understood charge meaning quoting francis franklin see also sandstrom montana thus brown found reasonable juror reject construction jury charge advanced defendant instead understand trial judge instruction rely mere sympathy directive ignore sort sympathy totally divorced evidence adduced penalty phase similarly jurek texas majority concluded issues arising texas sentencing proceeding core meaning criminal juries capable understanding white concurring judgment agreeing joint opinion stewart powell stevens jurek demonstrates interpretation reasonable juror give instructions trial determinative element review reason reliance lockett ohio eddings oklahoma misplaced issue whether jurors permitted hear extenuating evidence petitioner cared present undoubtedly rather brown jurek question whether reasonable juror operating trial instructions considered evidence mitigating circumstances constitutional manner present case reasonable juror understand mark mitigating factor sentencing form jurors must agree language section ii form coupled repeated instructions trial judge leaves doubt answer affirmative ecause reason believe jury also arrived proper interpretation sentencing form petitioner sentence must vacated case remanded resentencing ante also proposes nless rule substantial possibility jury may rested verdict improper construction sentencing instructions jury charges petitioner sentence must set aside ante formulation obscures considerably view correct standard set forth brown short ordering separate trial investigate knowledge juror discussions among envision method ever attain level certainty majority insists jury deliberations nature secret mental processes individual jurors equally recondite demand degree assurance conducting judicial review jury proceedings establish standard never satisfied preceding discussion indicates reasonable juror standard employed instructions sentencing form charges given jury case constitutionally unexceptionable petitioner sentence upheld ii since majority finds dispositive petitioner argument jurors may understood unanimity requirements sentencing instructions jury charges reach second issue case see ante reject challenge instructions must continue deal petitioner claim trial judge improperly allowed evidence statements concerning personal characteristics victim paul brown violation recent decision booth maryland although petitioner failed object trial introduction evidence maryland appeals nonetheless found information brown constitute proscribed victim impact statement issue thus properly see orr orr illinois gates mcgoldrick compagnie generale transatlantique uphold appeals determination attached maryland division parole probation investigation report crime memorandum state attorney summarized interview conducted caseworker victim brother petitioner counsel informed read memorandum object admission trial judge allowed evidence entirety memorandum stated paul thomas brown came family six young age removed parents sic custody neglect placed separate foster homes removal department social services prompted paul hospitalized age anemia malnutrition paul hyperactive child hard handle resulted lot beatings various guardians ran away constantly various homes placed paul age started living streets eventually sent maryland training school boys paul never really home family thomas brown tried keep touch paul writing visiting whenever possible always good homes good life always felt guilty nothing help paul one year older paul good person tough life lot bad breaks family home nobody really give chance sometimes think felt secure prison one outside sure committed crimes violent survive got involved lot bad people md joined dissents booth maryland supra continue believe case wrongly decided virtually limits placed mitigating evidence capital defendant may introduce concerning history circumstances yet state precluded demonstrating loss victim family society whole defendant homicide jury assess meaningfully defendant moral culpability blameworthiness one essential consideration extent harm caused defendant large measure decision booth prevents jury information necessary determine proper punishment murder even accept majority rationale booth still find statements victim summarized present memorandum correctly admitted evidence victim impact statements ruled inadmissible booth addition containing information elderly couple killed defendant also included substantial material concerning effect crime victims family friends loss community family perceptions defendant contrast summary admitted gave barest details paul brown information impact death others interpret booth foreclosing introduction evidence whatever form murder victim thus conclude trial commit error admitting summary case majority attempts backdoor see ante explain individual juror might considered persuasive mitigating circumstance addition pointing fact majority evidence support hypothetical reading sentencing form imputes jury review mitigating factors offered petitioner case reveals extraordinarily weak sentencing petitioner urged youthful age weigh favor argued despite fact murdered twice unlikely engage criminal activity constitute continuing threat society md petitioner also asserted extenuating circumstance failure state effectively reform view vacuity proffered mitigating factors hardly surprising jury unanimously reject seems derive support fact maryland appeals recently modified sentencing form see ante clarification form course welcome amendment legal relevance decision today discussion oral argument suggested sentencing instruction constitutionally acceptable may improved number ways tr oral arg determination whether sentencing instructions jury charges submitted case permissible petitioner however challenge maryland appeals decision admissibility evidence victim petition certiorari brief see pet cert brief petitioner