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Tag Archives: newly discovered evidence

MARCUS WILLIAM TUNSTALL v. STATE OF MARYLAND

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.

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BRYANT McARTHUR v. STATE OF MARYLAND

The court did not abuse its discretion in finding that appellant had failed to act with due diligence to discover the alleged newly discovered evidence within one year after the imposition of his sentence. Second, the court did not abuse its discretion in ruling that McArthur failed to demonstrate, as required by statute, that the alleged newly-discovered evidence created a “substantial or significant possibility that the result [of the trial] may have been different.”

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RICARDO VALDEZ VELA v. STATE OF MARYLAND

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.

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MARYAM REZAIE v. MARYLAND REAL ESTATE COMMISSION, et al.

Months after the petition for judicial review was filed, appellant sought a remand to the Md. Real Estate Commission so it could consider newly discovered evidence. 1) Did the trial judge abuse his discretion by refusing to consider the new evidence? 2) Did the judge err when he affirmed the Commission's decision?

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