EMMANUEL FORD ROBINSON v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Jan. 27, 2014,
In what may be likened to the part of Groundhog Day before Bill Murray learned to love, the CoA reconsidered and re-issued essentially the same, questionably-reasoned opinion as their first opinion in the case.
Holding- Defense attorney’s comments and questions regarding the lack of DNA or fingerprint evidence did not sufficiently shift the burden to allow an anti-CSI jury instruction.
It’s not easy to contrast the two, since the CoA removed the initial opinion. The core holding appears to be the same, however.