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LAMONT EUGENE COLBERT V. STATE OF MARYLAND

Criminal procedure — Writ of actual innocence — Need for a hearing

In February 1992, a jury convicted Lamont Eugene Colbert (“Appellant,” “Colbert”) of first-degree murder and carrying a weapon openly with an intent to injure in the Circuit Court for Prince George’s County. On April 16, 1992, he was sentenced to life imprisonment for the first-degree murder conviction and to a concurrent one-year term of imprisonment for the weapons offense.

On November 5, 2014, acting pro se, Appellant filed a petition for a writ of actual innocence pursuant to the provisions of Maryland Code (2001, 2008 Repl. Vol., 2013 Supp.), Criminal Procedure Article (“CP”), § 8-301, and Maryland Rule 4-332, alleging newly discovered evidence that he claimed created a substantial or significant possibility that the result of his trial may have been different. On May 26, 2015, the circuit court denied Appellant’s petition without a hearing. On June 12, 2015, Appellant filed a timely pro se appeal from the circuit court’s decision. He presents one question for our review, which we have rephrased : Did the circuit court err in denying appellant’s petition for a writ of actual innocence without a hearing?

Read the opinion here: