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Criminal procedure — Writ of actual innocence — Need for hearing

Stacey Eric Wilburn, Jr., appellant, pleaded guilty in the Circuit Court for Howard County to armed robbery, robbery, first-degree assault, attempted theft, and use of a handgun in the commission of a felony. This Court denied his application for leave to appeal. In December 2018, Mr. Wilburn filed a petition for writ of actual innocence, which the circuit court denied without a hearing.

He raises four issues on appeal which we reorder and rephrase for clarity: (1) whether the court erred in denying his petition without a hearing; (2) whether the court erred in not allowing him an opportunity to amend his petition; (3) whether the motions judge erred in not recusing himself; and (4) whether the court erred in allowing the State to file an untimely response to his petition.

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