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David William Barone v. State of Maryland

In 2005, following a jury trial in the Circuit Court for Wicomico County, David William Barone, appellant, was convicted of two counts of first degree assault, two counts of second degree assault, two counts of reckless endangerment, and one count of wearing and carrying a deadly weapon with intent to injure. The court sentenced Barone to 21 years’ incarceration. On appeal, this Court affirmed Barone’s convictions, but remanded for reconsideration of the amount of restitution awarded to the victims of Barone’s acts.

In 2013,invoking Md.Code (2001, 2008Repl. Vol. 2010 Supp.), Criminal Procedure Article (“CP”), § 8-301, Barone, pro se, filed a petition for writ of actual innocence. In his petition, Barone identified four items of allegedly “newly discovered evidence” which, according to him, exculpated him from the 2005 crimes. Barone also asked the court to hold a hearing on his petition.

In a “Memorandum & Order,” the circuit court denied Barone’s petition as legally insufficient and, consequently, did not hold a hearing. In this timely appeal, Barone challenges the circuit court’s denial of his petition for writ of actual innocence without first holding a hearing.

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