DAMERON SMALLWOOD v. STATE OF MARYLAND
Court of Appeals, Hotten, Jan. 23, 2017,
Writ of Actual Innocence- A claim that a defendant was NCR at the time of the event is not a claim of “actual innocence” and cannot satisfy the requirements of CP 8-301
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.
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ROBERT ANTHONY MCGHIE v. STATE OF MARYLAND
Court of Appeals, Barbera, August 24, 2016,
Writ of Actual Innocence – In a writ, the reviewing court should look retrospectively and consider whether, had information come to light, there is a “substantial or significant possibility that the result may have been different.”
(Concur – McDonald – Petitioner substantially complied, even if not completely and therefore not inappropriate to consider writ)
(Dissent – Raker – Where the petitioner doesn’t assert actual innocence, writ should be dismissed)
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DAMERON SMALLWOOD v. STATE OF MARYLAND
Court of Special Appeals, Meredith ,Filed Feb. 24, 2016,
Writ of Actual Innocence – Defendant’s evidence showing that he was “not criminally responsible” is not sufficient for relief under a Writ of Actual Innocence, as it does not suggest that he was “innocent.”
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SAM YONGA v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Jan. 27, 2016,
Writ of Actual Innocence – a person who has pled guilty is not eligible for a Writ of Actual Innocence.
GEORGE CAMERON SEWARD v. STATE OF MARYLAND
Court of Appeals, Adkins, Filed Jan. 27, 2016,
Writ of Actual Innocence – Grant of a Writ of Actual Innocence is not an appealable final judgment