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DONNELL J. CROSS v. STATE OF MARYLAND

Criminal procedure — Writ of actual innocence — Possibility of different verdict

In 2000, a jury in the Circuit Court for Baltimore City found Donnell J. Cross, appellant, guilty of first-degree murder, first-degree assault, use of a handgun in the commission of a crime of violence, and related handgun offenses. The court sentenced him to a total term of life imprisonment, plus 20 years. On direct appeal, Mr. Cross argued that the trial court had erred in finding that the State had made reasonable efforts to procure two eyewitnesses, Katina Wise and Lakala McCloud, for trial and, therefore, the court erred in allowing into evidence their videotaped testimony from a prior trial that had ended in a mistrial.

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