State v. EbbAnnotate this Case
In 1993, Respondent was convicted of two counts of felony murder and other crimes. Respondent was sentenced to life without parole for the murders. Twenty-one years later, a trial witness alleged that he “lied” during Respondent’s trial when he identified Respondent as the individual who shot the victims. Thereafter, Respondent filed a pro se petition for writ of actual innocence under Md. Code Ann. Crim. Proc. 8-301, alleging that the recantation constituted “newly discovered evidence.” The circuit court denied the petition. The Court of Special Appeals reversed. The Court of Appeals vacated the judgment of the Court of Special Appeals and remanded the case to the circuit court for further proceedings, holding (1) a petition that fails to include an averment of innocence but otherwise complies with the pleading requirements contained in Maryland Rule 4-332(d) may be amended if the circuit court determines that allowing an amendment would do substantial justice; and (2) Petitioner alleged sufficient “newly discovered evidence” that could create a “substantial of significant possibility” that his original trial may have been different and was therefore entitled to a hearing under Md. Code Ann. Crim. Proc. 8-301(e)(1).