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In 1993, Rudolph McNeil, appellant, was convicted, in the Circuit Court for Baltimore City, of two counts of first-degree murder for, together with an accomplice, shooting and killing two individuals. More than eighteen years later, in 2012, he filed a petition for a writ of actual innocence. That petition was denied by the Baltimore City circuit court without a hearing. In his petition, McNeil asserted that the State had failed to disclose evidence casting doubt on the identification of him as one of the two shooters. Because we conclude that McNeil’s petition was based on evidence that he had obtained in time to file a motion for a new trial, we hold that his petition failed to state a claim for a writ of actual innocence and affirm the circuit court’s decision.

Read the unreported opinion.