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SIMMS v. STATE

No. 97, September Term, 2008.

976 A.2d 1012 (2009)

409 Md. 722

Joseph Ernest SIMMS v. STATE of Maryland.

Court of Appeals of Maryland.

July 24, 2009.

Attorney(s) appearing for the Case

Geraldine K. Sweeney, Chief Attorney (Nancy S. Forster, Public Defender), on brief, for Appellant.

Robert Taylor, Jr., Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen.), on brief, for Appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BARBERA, J.

This case presents us with another opportunity to consider and apply Maryland's Postconviction DNA statute, enacted in 2001 and codified at Maryland Code (2001, 2008 Repl. Vol.), § 8-201 of the Criminal Procedure Article.1 Appellant, Joseph Earnest Simms, was convicted in 1998 of two counts of first degree murder. In 2008, he filed a pro se petition for DNA testing of...

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