Arrington v. State

Dissenting Opinion by

BATTAGLIA, J.,

which GREENE, J., Joins.

I respectfully dissent because the majority reaches the merits of the case, although we never granted certiorari.

Arrington filed a “Motion to Reopen Postconviction Proceeding and For New Trial” pursuant to former Section 8-201 of the Criminal Procedure Article, Maryland Code (2001, 2008 Repl.Vol.),1 after a DNA test reflected that blood on clothing that he owned could not have come from the victim, alleging that he was entitled to a new trial for the crime of second degree murder for which he had been convicted because the jury was…