VARRIALE v. STATE

No. 1261, Sept. Term, 2013.

96 A.3d 793 (2014)

218 Md. App. 47

George VARRIALE v. STATE of Maryland.

Court of Special Appeals of Maryland.

July 30, 2014.


Attorney(s) appearing for the Case

Thomas J. Mack (David A. Clarke School of Law, Washington, D.C., Paul B. DeWolfe, Public Defender, Stephen B. Mercer, Chief Attorney, Baltimore, MD), on the brief, for Appellant.

Robert Taylor, Jr. (Douglas Gansler, Atty. Gen., on the brief), Baltimore, MD, for Appellee.

Panel: ZARNOCH, HOTTEN and ARTHUR, JJ.


ARTHUR, J.

The State charged George Varriale, appellant, with two counts of second-degree burglary, theft over $1,000, and malicious destruction of property, in connection with a 2008 burglary in Glen Burnie, Maryland. The charges were based solely on DNA evidence from a sample that Varriale had voluntarily given in an earlier, successful effort to clear himself of unrelated rape charges.

In pre-trial proceedings in the burglary prosecution, Varriale moved...

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