KEYES v. STATE

BRIAN HAN KEYES v. STATE OF MARYLAND
Court of Special Appeals, Kenney, Filed Jan. 28, 2014,
Writ of Actual Innocence- May be denied without a hearing if the petition fails to assert grounds upon which relief may be granted; bald assertion without support does not provide these grounds.

– To receive a hearing, a writ must assert grounds showing “a substantial or significant possibility that the result may have been different” that “could not have been discovered in time to move for a new trial under Maryland Rule 4-331”
– Allegation that state’s witness was actually a big-time drug dealer was “mere impeachment” and does not provide grounds for granting the writ
– Evidence not in existence at the time of trial is not considered by the writ because it could not have affected the trial

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