SAM YONGA v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Jan. 27, 2016,
Writ of Actual Innocence – a person who has pled guilty is not eligible for a Writ of Actual Innocence.
I prefer Judge Moylan’s words in the intermediate appeal: “a non-reversed guilty plea is invulnerable to a Writ of Actual Innocence”
There is, however, no way to compare the trial that was with the trial that
might have been when there was no trial that was. Where there was no trial,
it would be utter speculation to attempt to construct what the imaginary trial
might have consisted of. We may not hypothesize a mythical trial.
The CoA opinion reviews the history of the Writ of Actual Innocence
Statutory Interpretation – Legislative intent may be discerned from legislative inaction only when a specific bill has been repeatedly rejected (particularly where the issue in question was the material portion of the rejected bill)