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ANNA BORKOWSKI v. STATE OF MARYLAND, et. al.

Criminal procedure — Victim’s statement of charges — Dismissal

In March 2018, Anna Borkowski, appellant, filed in the District Court of Maryland for Baltimore County applications for a statement of charges, alleging that Matthew Chanin, Christopher Convers, and David Lyskawa (“the Defendants”), engaged in unconsented-to sexual acts with her while she was incapacitated by alcohol and/or other drugs. On March 23, 2018, the charges were dismissed. The court subsequently denied appellant’s motion to vacate the dismissal of the charges and her initial notice of appeal. After filing another appeal, Ms. Borkowski presents the following questions for this Court’s review, which we have rephrased slightly, as follows: 1. Did the District Court err by dismissing the assault charges against the Defendants? 2. Did the District Court err by denying Ms. Borkowski’s initial appeal? 3. Did the District Court err by not considering Ms. Borkowski’s rights under Title 11 of the Criminal Procedure Article of the Maryland Code? 4. Did the District Court err by declining to vacate the dismissal of charges against the defendants on May 3, 2018? Appellees, the State and the Defendants, filed motions to dismiss Ms. Borkowski’s appeal. For the reasons set forth below, we shall …

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