Douglas v. State

31 A.3d 250, 423 Md. 156
CourtCourt of Appeals of Maryland
DecidedOctober 27, 2011
Docket146, 147, September Term, 2010
StatusPublished
Cited by64 cases

This text of 31 A.3d 250 (Douglas v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas v. State, 31 A.3d 250, 423 Md. 156 (Md. 2011).

Opinions

BARBERA, J.

These consolidated cases present us with our first opportunity to interpret Maryland Code (2001, 2008 Repl. Vol., 2010 Supp.), § 8-301 of the Criminal Procedure Article (“C.P.”),1 providing for Petitions for Writs of Actual Innocence based on [164]*164newly discovered evidence. Both Appellant Ellis Richard Douglas, Jr. and Appellant Lamont Anthony Curtis were serving their respective sentences when C.P. § 8-301 went into effect on October 1, 2009. Both then filed pro se petitions for writs of actual innocence with the Circuit Court for Baltimore City. The Circuit Court denied both petitions without holding a hearing. Appellants noted their respective appeals to the Court of Special Appeals and, on our initiative, we issued a writ of certiorari before argument in the Court of Special Appeals.2 We granted Appellants’ Motion to Consolidate the separate appeals because the two present identical questions, which are:

I. Is an order denying a petition for writ of actual innocence without a hearing an automatically appealable order?
II. Did [the trial court] erroneously deny [Douglas’s and Curtis’s] petitions for writ of actual innocence without hearings in violation of § 8-301 of the Criminal Procedure title of the Maryland Code?

[165]*165For the reasons that follow, we hold that the denial of a petition for writ of actual innocence is an immediately appealable order, regardless of whether the trial court held a hearing before denying the petition. We also hold that C.P. § 8-301 imposes a burden of pleading, such that a petitioner is entitled to a hearing on the merits of the petition, provided the petition sufficiently pleads grounds for relief under the statute, includes a request for a hearing, and complies with the filing requirements of C.P. § 8-301(b). As a consequence of these holdings, we reverse the order denying Douglas’s petition and affirm the order denying Curtis’s petition. We remand Douglas’s case for further proceedings not inconsistent with this opinion.

I. Background

A. Appellant Douglas

Douglas’s underlying convictions — for attempted murder in the second degree, assault, and related handgun offenses— arose out of an altercation on January 26, 1990, between Douglas and several Baltimore City police officers outside a bar in Baltimore City. One police officer saw Douglas sorting through what appeared to be packages of heroin or cocaine, approached him, and asked Douglas to come speak with his partner. Douglas initially complied with the officer’s request, but then turned and tried to run away.

When Douglas turned to flee, the officer noticed a .22 caliber handgun tucked into the small of Douglas’s back. The officer successfully retrieved the weapon. A struggle quickly ensued as other officers arrived on the scene. Douglas then pulled a .380 caliber handgun from his front waistband and fired four shots. One bullet struck an officer in the upper thigh and three other bullets struck another officer: one hit just below the knee, one severed his police radio cord, and one lodged itself in his utility belt.3 The officers recovered the second gun and ultimately restrained Douglas.

[166]*166At trial, Douglas appeared pro se after he knowingly and voluntarily waived his right to an attorney and fired his public defender. Seven police officers involved in the altercation testified. Additionally, two ballistics experts, Joseph Reese and Joseph Kopera, testified regarding the ballistic evidence. Reese testified that he had examined the bullet removed from one officer’s leg and positively identified it as being fired from the .380 caliber handgun taken from Douglas. Kopera testified that he examined the bullet recovered from the other officer’s utility belt several months after the incident and positively identified it as having been fired from the same .380 caliber gun.

The jury convicted Douglas of five counts of attempted second degree murder, five- counts of assault, five counts of using a handgun in the commission of a crime of violence, and two counts of unlawfully wearing, carrying, and transporting a handgun. The Court of Special Appeals, in an unreported per curiam opinion, affirmed Douglas’s convictions. Douglas then filed two postconviction petitions, both of which were denied.

In 2009, Douglas filed pro se in the Circuit Court for Baltimore City the present petition for writ of actual innocence pursuant to then-newly enacted C.P. § 8-301. Douglas alleged that the trial court had committed several errors. He further alleged that there was new evidence regarding the officer-witnesses who testified at his trial. Specifically, he asserted:

[0]n or about September of 1994, Accuser-Witness: Officer Graham Sylvester was involved in another police shooting case ... and ... this time, Officer Sylvester’ fellows, police officers did not go along with Officer Sylvester’ story and Officer Sylvester was forced to retire from the Baltimore City Police Department. [Also,] on or about March 22, 1996, Police Officer Brian Bacon, who was an accuser-[167]*167witness against Douglas at the Circuit Court For Baltimore City, appeared in the United States District Court For The District of Maryland and was exposed as an perjurer ... by changing his ... testimony. [Finally,] on or about March 9, 2007, the Sunpaper’s Newpaper’ Reporter Jennifer McMenamin wrote an News Article “that exposed Joseph Kopera, Head of the Maryland State Police Firearm Unit, as an perjurer; ... and he help to denied Douglas a Fair Jury Trial, with his perjurer’ testimony.... [Sic].

The Circuit Court denied Douglas’s petition without a hearing by Order dated November 5, 2009. The substance of the Order reads in full:

The court ha[s] reviewed all submissions and ha[s] considered all facts in the case, and ha[s] found that the Petitioner fails to show that there is newly discovered evidence, which could not have been discovered in time to move for a new trial, that creates a substantial or significant possibility that the results of his trial may have been different.

Douglas immediately filed in the Court of Special Appeals a “Notice of Application for Leave to Appeal” the Circuit Court’s Order. In June 2010, the Court of Special Appeals ordered that Douglas’s application be treated like a notice of appeal from the circuit court’s decision. On our initiative, we issued a writ of certiorari prior to arguments in the Court of Special Appeals.

B. Appellant Curtis

Curtis’s underlying convictions — attempted murder in the first degree, assault, and related handgun offenses — arose out of the shooting of James Sanders on the evening of November 22, 1994. On that night, Sanders was “hacking”4 for a drug dealer, Nike. Sanders dropped Nike off at the home of another individual, Dray. While Sanders waited in his car for Nike to return, an individual approached Sanders’s car and shot at Sanders three times, in the shoulder and head. Sanders told [168]*168police officers that a man named Tony, who lived on Richwood Avenue, shot him. He also picked Curtis’s face out of a photographic lineup.5

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Cite This Page — Counsel Stack

Bluebook (online)
31 A.3d 250, 423 Md. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-v-state-md-2011.