Smallwood v. State

We consider whether a petition filed under § 8-301 of the Criminal Procedure Article (“Crim. Proc.”) of the Maryland Code, provides relief to a Petitioner who alleges “newly discovered evidence” that he was erroneously deemed criminally responsible during his 1985 reverse waiver hearing, when he should have been deemed not criminally responsible (“NCR”).

On October 22, 1984, then fífteen-year-old Dameron Small-wood (“Petitioner”) fatally stabbed Madge K. Gibson (“Ms. Gibson”) in her Baltimore County apartment. Petitioner was charged as an adult, but sought to be tried as a juvenile. At a…