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REGINALD STEPHONE TUCKER v. STATE OF MARYLAND

On September 2, 1992, a jury convicted Reginald Stephone Tucker, appellant, of one count of attempted murder, two counts of the use of a handgun in the commission of a felony, one count of malicious shooting with intent to disable, and one count of carrying a handgun. This Court affirmed appellant’s convictions in an unreported opinion.

On May 2, 2010, appellant filed a petition for a writ of actual innocence and requested a hearing. Appellant argued that there was newly discovered evidence that created a substantial possibility of a different result in his trial. He asserted that the court improperly instructed the jury as to the mens rea required for the crime of attempted murder. The court denied appellant’s petition without a hearing. Appellant noted this appeal.

QUESTION PRESENTED

Appellant presents one issue for our review: Whether the lower court erred by failing to grant the petitioner a hearing on the merits of his petition?

As we held under similar circumstances in Hawes v. State, 216 Md. App. 105, 134-35 (2014), we conclude that the court committed no error in denying appellant’s petition without a hearing. (Moreover, it appears that appellant’s petition was barred by the doctrine of res judicata in any event.) Accordingly, we will affirm.

Read the unreported opinion.