STATE OF MARYLAND v. JEFFREY D. EBB, SR.
Court of Appeals of Maryland, Hotten, April 24, 2017,
Writ of Actual Innocence- A writ of actual innocence that doesn’t claim innocence can be amended if that would do “substantial justice”

(Concur- McDonald with Watts- The “innocence” part of the writ of actual innocence goes to “the heart of the statute” and must be included)

Facts: In 1993, Ebb was convicted of two counts of felony murder, among other charges.
Twenty years later, a witness gave a signed statement that he “lied” during the trial.
Ebb then filed a writ of actual innocence, but failed to include a statement that he was actually innocent.

Writ of Actual Innocence – Evidence that a witness lied during trial is “newly discovered” because it could not have been discovered in time to move for a new trial.