Patterson v. State

ROBERT AMOS PATTERSON v. STATE OF MARYLAND
Court of Special Appeals, Arthur, Sept. 27, 2016,
Writ of Actual Innocence – Firearms examiners testimony at trial that weapon recovered from defendant fired the bullet that killed the victim “to the exclusion of any other firearm in the world” on the basis of comparative microscopic matching (not CBLA/lead), even if inaccurate, was not basis for new trial.

“In effect, he maintains that his 1993 convictions were based upon junk science.”
BUT
Comparative microscopic matching still satisfies Frye-Reed, so… Affirmed.

CP 8-301(a) requires:
– newly discovered evidence
– this evidence creates a substantial possibility that the result of the trial would have been different
– this evidence could not have been discovered in time to move for a new trial

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