A man convicted in the 1987 murder of a woman in her Easton kitchen will get another chance to prove his innocence. Maryland’s second-highest court said Wednesday that a trial judge must determine whether “newly discovered” evidence pointing to another ...

Tagged with: innocence project palm print writ of actual innocence

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

Twenty-three years after he was convicted of murder, and after other attempts at post-conviction relief had failed, Mr. Williams filed a Petition for Actual Innocence. The circuit court dismissed the petition, without a hearing, on the grounds that it failed to satisfy several procedural requirements. On appeal, Mr. Williams contends that the circuit court erred in dismissing his petition without a hearing.

Tagged with: Anne Arundel criminal procedure Nazarian Sept. Term 2013 writ of actual innocence

Appellant filed a petition for a writ of actual innocence and requested a hearing. Appellant asserted that the court improperly instructed the jury as to the mens rea required for the crime of attempted murder. The court denied appellant’s petition without a hearing. Appellant presents one issue: Whether the lower court erred by failing to grant a hearing on the merits.

Tagged with: criminal procedure Jury instructions Meredith Prince George's County res judicata Sept. Term 2010 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