TRENDON WASHINGTON v. STATE OF MARYLAND
Court of Appeals, Adkins, Nov. 1, 2016,
DNA Post-Conviction – a person convicted of conspiracy to commit murder is not eligible to file a petition for postconviction DNA testing under CP 8-201(b).

Facts: On March 20, 2007, Ricardo Paige was found dead at 502 East 43rd Street in Baltimore, Maryland. The police recovered two .45 caliber shell casings from the scene along with a bloody broom and dust pan that appeared to have been used to sweep up spent shell casings. The broom and the dust pan tested positive for blood, but the items were not tested for DNA. In 2009, Washington was convicted of conspiracy to commit murder and sentenced to life in prison. Washington filed a petition for DNA testing which was dismissed.

Maryland’s postconviction DNA testing statute does not violate due process or equal protection rights accorded by the U.S. Constitution or the Maryland Declaration of Rights

Crime of Violence – Conspiracy to commit murder is not a “crime of violence” listed in CR 14-101 (though attempt is)

Due Process – Criminal defendants who have been convicted have “only a limited interest in post-conviction relief” based on newly discovered evidence because they have already received a fair trial.