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ARRINGTON v. STATE

No. 60, September Term, 2008.

983 A.2d 1071 (2009)

411 Md. 524

Jermaine Deeric ARRINGTON v. STATE of Maryland.

Court of Appeals of Maryland.

November 17, 2009.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Nancy S. Forster, Public Defender, and Suzanne K. Drouet, Asst. Public Defender, of Baltimore), on brief, for appellant.

Robert Taylor, Jr., Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., of Maryland, of Baltimore), on brief, for appellee.

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

ADKINS, J.

After his conviction for second degree murder, Appellant Jermaine D. Arrington filed a motion for a new trial based on exculpatory DNA evidence pursuant to Maryland Code (2001, 2006 Supp.), Section 8-201 of the Criminal Procedure Article (CP), which the postconviction court denied. We vacate the postconviction court's order because the DNA evidence obtained after his conviction provides a substantial possibility that the jury would have reached a different...

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