A bill that would have exempted the state from the review was voted down in a House committee this year.
Morris' defense team filed the motion on May 2 in Howard County Circuit Court. According to the motion, the appeals court effectively eliminated the possibility of the death penalty in its ruling.
The prosecution filed opposition to the defense motion, saying the court did not strike down the death penalty or use of lethal injection, but said the death penalty could not be administered until the procedure was properly implemented.
A motions hearing to sort out the death penalty issue is set for May 25 in Howard County, a court clerk said.
Since Morris faces the death penalty, he has an automatic right to have his case tried in another county under the Maryland constitution.
Morris' attorneys previously had argued that pretrial publicity and a large number of employees at state prisons in the county and Washington County Hospital would prevent Morris from getting a fair trial here.
His trial was moved to Howard County after Washington County Circuit Judge Frederick C. Wright III granted Morris' request for a change of venue during a September 2006 motions hearing in Washington County Circuit Court.
Beginning May 31, potential jurors will be in court filling out a lengthy questionnaire as part of the procedure in place for death penalty trials, Assistant State's Attorney Joseph Michael said.
Jury selection begins June 4 and the state will begin presenting evidence June 11, Michael said.
The trial and sentencing are expected to take two weeks, Michael said.
The issue: Roxbury Correctional Institution Inmate Brandon T. Morris is charged with three counts of first-degree murder and other counts in the slaying of Roxbury Correctional Officer Jeffery Alan Wroten. Wroten died Jan. 27, 2007, a day after he was shot in the face in a Washington County Hospital room where he was guarding Morris. Prosecutors intend to seek the death penalty if Morris is convicted on any of the first-degree murder counts. Morris has pleaded not guilty to the charges.
What's new: The defense filed a motion on May 2 to strike the notice of intent to seek the death penalty. A motions hearing is set for May 25.
What's next: Jury selection for Morris' trial begins June 4 in Howard County. The state will begin presenting evidence June 11, with the trial and sentencing expected to take two weeks.