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STEVEN CARVER v. STATE OF MARYLAND

On November 16, 1989, Steven Carver, appellant, was convicted by a jury in the Circuit Court for Baltimore City of first-degree murder; using a handgun in a crime of violence; and unlawfully wearing, carrying, and transporting a handgun.

On October 18, 2012, Carver filed a petition for writ of actual innocence in the circuit court, asserting that there was “newly discovered evidence” that entitled him to relief. That “newly discovered evidence,” according to Carver, was that Joseph Kopera, an expert witness who testified for the State at Carver’s trial, committed perjury on the witness stand when he falsely testified about having credentials that he did not possess. Without granting Carver a hearing, the circuit court denied Carver’s petition.

Because the Court of Appeals addressed the same issue about Kopera’s perjury and held, in Douglas v. State, 423 Md. 156, 165 (2011), that a hearing was required, we conclude that the circuit court erred in denying Carver a hearing, and, therefore, we reverse and remand for further proceedings.

Read the unreported opinion.