ANTHONY GRANDISON v. STATE OF MARYLAND
Court of Special Appeals of Maryland, Woodward, Nov. 29, 2017
Commutation – The governor can commute a sentence even if the person serving the sentence does not apply for commutation

Facts:
In 1983, Grandison hired his friend to murder a witness in the trial against him along with the wife of the witness. The hired killer murdered the witness, but killed the sister-in-law instead of the wife of the witness.
Grandison was tried and convicted in federal court of conspiracy to violate civil rights resulting in death as well as witness tampering.
Grandison was then convicted in state court of first-degree murder and related charges. Grandison was sentenced to the death penalty.
In 2015, Governor O’Malley commuted Grandison’s death sentences to life imprisonment without the possibility of parole.
Grandison filed to correct an illegal sentence, arguing that he never applied for commutation and therefore the governor had no right to commute his death penalty sentence and impose life without parole.
Grandison also argued that his state case was illegal under double jeopardy, as he had already been convicted in federal court.

Held:
The Court of Special Appeals upheld Grandison’s sentences. The governor can reduce a sentence, which includes making a death penalty into life without parole. And both the federal and state governments are separate sovereigns entitled to enforce their laws; therefore there is no double jeopardy issue.

Double Jeopardy – In general, a defendant cannot be tried cumulatively after already having been convicted or acquitted.

Double Jeopardy- Separate Sovereign- Separate, independent sovereigns are each entitled to punish an individual for the same conduct if that conduct violates the law of each sovereign

Double Jeopardy- Separate Sovereign- A “sham” prosecution, where one government was actually working for the other government, would not be “separate” and therefore would violate double jeopardy

Pardon – The governor has the power to grant a full pardon or reprieve, except in cases of impeachment or where she is prohibited by the Constitution

Commutation – Included within the right to pardon is the right to “commute” a sentence (substitute a lesser penalty for the penalty that was imposed)

Commutation – A governor can commute a sentence even if there was no application by the person sentenced

Commutation – Life without parole is a lesser sentence than the death penalty