DAMERON SMALLWOOD v. STATE OF MARYLAND
Court of Appeals, Hotten, Jan. 23, 2017,
Writ of Actual Innocence- A claim that a defendant was NCR at the time of the event is not a claim of “actual innocence” and cannot satisfy the requirements of CP 8-301

Affirming the CoSA

Facts: In 1984, Smallwood stabbed a woman to death in Baltimore County. In 1985, a psychiatrist testified that Smallwood was not “legally insane” and he was convicted of first-degree murder on an agreed statement of facts. In 2011, 26 years later, the original psychiatrist changed her mind and Smallwood filed a Petitions for writ of actual innocence under CP 8-301.

CP 8-301 – “actual innocence” means the defendant did not commit the crime or offense for which he or she was convicted