Convicted of three counts of first-degree murder and three counts of use of a handgun in the commission of a crime of violence, Marcus William Tunstall appeals the denial by the Circuit Court for Prince George’s County of his petition for writ of actual innocence without a hearing.

Tagged with: criminal procedure Krauser newly discovered evidence Prince George's County Sept. Term 2013 writ of actual innocence

Because we conclude that McNeil’s petition was based on evidence that he had obtained in time to file a motion for a new trial, we hold that his petition failed to state a claim for a writ of actual innocence

Tagged with: baltimore city criminal procedure Krauser newly discovered evidence Sept. Term 2012 writ of actual innocence

Upon remand, the court must, in accordance with CP § 8-301(a)(1), evaluate whether the newly discovered evidence claimed by Mr. Hayes “creates a substantial or significant possibility that the result [of the trial] may have been different.”

Tagged with: criminal procedure evidence Krauser newly discovered evidence Sept. Term 2013 Wicomico County writ of actual innocence

This was not a typical commercial lawsuit between parties on the opposite sides of a contract. Rather, this was an action for, among other things, fraud, breach of fiduciary duty, and civil conspiracy brought by one seller against his co-owner and the purchaser of the station.

Tagged with: conspiracy contracts fraud Krauser Prince George's County Sept. Term 2012

Appellant contends that the juvenile court erred in denying his motion to suppress a statement he made, as well as a kitchen knife found on his person on school property.

Tagged with: evidence juvenile court Krauser motion to suppress Prince George's County Sept. Term 2013

An online news article, published more than a decade after appellant's trial, was not admissible or even capable of being admitted at appellant's original trial, and therefore was not newly discovered evidence under the statute governing petitions for writ of actual innocence.

Tagged with: criminal procedure evidence Krauser need for a hearing newly discovered evidence Prince George's County Sept. Term 2012 writ of actual innocence

Ivor claims that the poll was defective because the clerk failed to poll the forelady. As a result, he asserts that “it is impossible to know if the jury was unanimous.”

Tagged with: baltimore city criminal procedure juries Krauser sentencing Sept. Term 2012

Because his present claim of purported sentence illegality is based, in essence, upon a claim that was previously raised in, considered by, and rejected by this Court in his direct appeal, we shall hold that the present claim is barred by the law of the case doctrine.

Tagged with: baltimore city criminal procedure Krauser sentencing Sept. Term 2013

Tariq contends that there was no evidence from which a rational fact-finder could conclude that he committed a breaking and entering, a required element of both third and fourth-degree burglary, and, further, that there was not sufficient evidence to support the court’s finding that he committed theft.

Tagged with: burglary juvenile law Krauser Prince George's County Sept. Term 2013 sufficiency of the evidence theft

Did appellees have a legitimate expectation of privacy in vehicle that neither of them owned? Despite probable cause to search the vehicle, did police need a warrant to search it once they had immobilized it?

Tagged with: caroline county evidence Krauser Search and seizure Sept. Term 2014