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Convicted of first-degree murder and the use of a handgun in the commission of a crime of violence, Shea Hayes appeals the denial of his petition for writ of actual innocence and of his motion to reopen his post-conviction proceeding by the Circuit Court for Wicomico County. Although we conclude that Hayes’s appeal from the denial of his motion to reopen is not properly before us, because he never filed an application for leave to appeal, we find that, in denying his petition for writ of actual innocence, the circuit court applied the wrong legal test and we shall vacate the judgment and remand this matter of the court’s decision.

Read the unreported opinion.