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Criminal procedure — Motion to modify sentence — Timeliness

On July 2, 2010, a jury found Nicholas Harris, appellant, guilty of first-degree rape, first-degree sexual offense, and other related offenses. He was sentenced to life imprisonment, with all but 50 years suspended. In an unreported opinion, this Court affirmed the judgments of the circuit court on direct appeal. Nicholas Jermaine Harris v. State, No. 1706, September Term 2010 (filed July 31, 2012).

On August 8, 2016, Mr. Harris filed a petition for post-conviction relief in the Circuit Court for Baltimore County, alleging that he had received ineffective assistance of counsel during his trial and that the State had withheld material impeachment evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). The post-conviction court denied relief. This Court granted Mr. Harris’s application for leave to file this appeal.

Read the opinion