Seward v. State

Maryland Code (2001, 2008 RepLVol., 2015 Cum.Supp.), § 8-301 of the Criminal Procedure Article (“CP”) allows a person convicted of a crime to file a petition for writ of actual innocence under certain circumstances and seek a new trial. In Douglas v. State, we held that an order denying such a petition is appealable because it is a final judgment. 423 Md. 156, 170-71, 31 A.3d 250, 258-59 (2011). Today we resolve a question left open by the decision in Douglas: does an order granting such a petition constitute a final judgment, such that the State can appeal it directly? Because we conclude…