A convicted first-degree murderer will have the chance for a new trial after Maryland’s top court Tuesday unanimously ruled he deserves a hearing on his claim that evidence found after his conviction should have been presented before the jury. In ...

Tagged with: exculpatory evidence new trial motion newly discovered evidence

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

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.”

Tagged with: Arthur baltimore city criminal procedure newly discovered evidence Sept. Term 2011 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

Bcause the Court of Appeals addressed the same issue about Kopera’s perjury and held, in Douglas v. State, 423 Md. 156, 165 (2011), that a hearing was required, we conclude that the circuit court erred in denying Carver a hearing on his petition for a writ of actual innocence.

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

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

Did the court err by denying Baynor’s petition for writ of actual innocence without a hearing?

Tagged with: Arthur baltimore city criminal procedure evidence need for a hearing newly discovered evidence Sept. Term 2013 writ of actual innocence

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?

Tagged with: licensing Montgomery County newly discovered evidence Salmon Sept. Term 2013

Was appellant entitled to a new trial because of newly discovered evidence asserted to be related to the impeachment of a key witness, and because of allegedly erroneous evidentiary rulings? Did the failure to merge convictions result in an illegal sentence?

Tagged with: baltimore city evidence impeachment newly discovered evidence sentencing Sept. Term 2013 Zarnoch