TRACEY HAWES v. STATE OF MARYLAND
Court of Special Appeals, Eyler, Filed Feb. 25, 2014,
Writ of Actual Innocence- Writ properly dismissed without hearing where it consisted primarily of affidavit by defense attorney that his failure to object to jury instruction was not tactical.

Notes from the case on the Writ of Actual Innocence-
– By statute, writ requires “newly discovered evidence” that (1) creates a substantial or significant possibility that the result [of his or her trial] may have been different, as that standard has been judicially determined; and (2) could not have been discovered in time to move for a new trial under Maryland Rule 4-331.
– The Writ of Actual Innocence is not limited by the UPPA (Uniform Post-Conviction Procedure Act) bar on appeal from dismissal or the UPPA waiver provision