King v. State

IRVING, J.,

for the Court:

¶ 1. In January 2009, Cedric King filed a motion to vacate and set aside his convictions and sentences for armed robbery and possession of cocaine. The Montgomery County Circuit Court treated King’s motion as one for post-conviction relief and denied the motion as time-barred and for being a successive writ. Feeling aggrieved, King appeals and asserts that his motion presented newly discovered evidence sufficient to overcome the time bar; King also argues that his “actual innocence” should afford an exception to the procedural bars to his motion.

¶2. We agree that…