Cornish v. State

The Court of Appeals reversed the judgment of the Court of Special Appeals and directed the remand of this matter to the circuit court for a hearing on the merits of Petitioner’s motion for a new trial under Maryland Rule 4-331(c) based on newly discovered evidence, holding that because the trial court failed to consider whether Petitioner presented a prima facie case based on the newly discovered evidence, the trial court erred in summarily denying the motion without a hearing.Petitioner was convicted of first degree murder and other offenses. Approximately two weeks after his sentencing, Petitioner filed a motion for a new trial under Rule 4-331(c) based on newly discovered evidence. The circuit court summarily denied the motion. The Court of Appeals upheld the denial of the motion. The Court of Appeals reversed, holding that Petitioner alleged a prima facie basis for newly discovered evidence in his motion for a new trial, and therefore, the trial court erred when it denied Petitioner’s request without holding a hearing. View "Cornish v. State" on Justia Law