Grandison v. Maryland

Background

Anthony Grandison was convicted of murder, conspiracy, and using a handgun after hiring people to kill two witnesses. The jury found him guilty and imposed the death penalty. Grandison argued the Maryland sentencing statute and the verdict sheet shifted the burden onto him at sentencing. He had represented himself at trial but later asked the court to appoint the standby lawyer to represent him at the separate sentencing hearing; the trial court refused.

Reasoning

The Supreme Court declined to take the case, so the lower-court death sentence stands. Justice Marshall (joined by Justice Brennan) dissented from the denial, arguing two main points. First, the verdict form and jury instructions told jurors to return death unless mitigating facts outweighed aggravating facts, effectively putting the burden on the defendant. Second, Marshall said that, because capital sentencing is a separate trial, Grandison’s request for counsel at sentencing should have been honored and refusing it violated the right to a lawyer.

Real world impact

Because the Court refused review, the Maryland death sentence remains in effect and the specific constitutional questions about the verdict form and right to counsel at a separate capital sentencing hearing were not resolved by the high court. This outcome means similar disputes about jury forms and mid‑trial requests for counsel may persist in lower courts until the Court addresses them on the merits.

Dissents or concurrances

Justice Marshall would have reviewed the case and at least delayed action until a related sentencing case was decided, believing the errors were important and worthy of full Supreme Court consideration.