Seward v. StateAnnotate this Case
At issue in this case was whether an order granting a petition for writ of actual innocence constitutes a final judgment such that the State can appeal it directly. Petitioner here filed a petition for writ of actual innocence in the circuit court. The circuit court granted Petitioner a new trial on the basis of newly discovered evidence. The State filed a notice of appeal. Petitioner moved to dismiss, citing the State’s limited statutory authority to appeal. The Court of Special Appeals denied Petitioner’s motion to dismiss, ruling that the State can appeal an order granting a petition for writ of actual innocence. The Supreme Court reversed, holding that the State does not have the right to appeal a circuit court decision granting a writ of actual innocence under Md. Code Ann. Crim. Proc. 8-301.