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Criminal procedure — Jury instruction — Missing witness

In 1978, Nathaniel B. Appleby-El, appellant, was convicted by a jury sitting in the Circuit Court for Wicomico County of felonious homicide and related charges. In 2015, based upon the Court of Appeals’s decision in Unger v. State, 427 Md. 383 (2012), this Court vacated Mr. Appleby-El’s convictions and awarded him a new trial. Nathaniel B. Appleby-El v. State, No. 1068, September Term, 2014 (filed November 19, 2015) (unreported).

Mr. Appleby-El was retried in 2018 in the Circuit Court for Wicomico County on charges of first degree felony murder, robbery with a deadly weapon, and carrying a handgun. Following a three-day jury trial, he was convicted of all charges. The circuit court merged his convictions for sentencing purposes and sentenced Mr. Appleby-El to a term of life imprisonment (with credit for time served) for his conviction of first degree felony murder. He noted this direct appeal.

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