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KENNETH BILLOW JENKINS, III v. STATE OF MARYLAND

Criminal procedure — Write of actual innocence — Newly discovered detective’s notes

Appellant, Kenneth Billow Jenkins, III, was convicted in October 2008, by a jury in the Circuit Court for Prince George’s County of first-degree felony murder, attempted second-degree murder, and related offenses, 1 for shooting Von Kelley and his girlfriend, Julia Fils-Aime, during a drug deal that went bad. Fils-Aime died from her wounds, but Kelley survived his injuries and testified in the underlying trial, identifying Jenkins as the shooter. In December 2008, the court sentenced Jenkins to a total term of imprisonment for life plus twenty years. In July 2015, Jenkins filed a Petition for Writ of Actual Innocence (the “Petition”) pursuant to Maryland Code (2001, 2019 Repl. Vol.), Criminal Procedure Article (“CP”), § 8-301 and Md. Rule 4-332, in which he requested a new trial “based upon newly discovered evidence that undermines the integrity of . . . the convictions.” The court denied the Petition, and Jenkins now appeals from that denial. For the reasons explained herein, we shall …

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