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GARY BAYNOR v. STATE OF MARYLAND

In 1997, appellant Gary Baynor was tried by a jury in the Circuit Court for Baltimore City for shooting two men. The jury returned its verdict, finding him guilty of second-degree murder, attempted second-degree murder, and four related handgun offenses. The Court of Appeals affirmed his convictions. Baynor v. State, 355 Md. 726 (1999).

On September 4, 2013, Baynor filed a pro se “Affidavit and Petition for a Writ of Actual Innocence for Brady Violations and Request for a Hearing” with the Circuit Court for Baltimore City. In addition to a hearing, Baynor requested that the court consolidate all previously filed affidavits and motions regarding alleged Brady violations and “treat them as one Petition for Actual Innocence as if fully set forth herein.”

On September 9, 2013, the court denied Baynor’s petition for writ of actual innocence on the basis that it “fails to state a claim or assert grounds for which relief may be granted pursuant to Md. Ann. Code Criminal Procedure § 8-301(a).” The court did not conduct a hearing.

Baynor filed an appeal to this Court on October 3, 2013, raising questions that we have consolidated as follows for purposes of this appeal: Did the court err by denying Baynor’s petition for writ of actual innocence without a hearing?

Read the unreported opinion.