Faulkner v. State Smith v. State

David R. Faulkner v. State of Maryland No. 42, September Term 2019 Jonathan D. Smith v. State of Maryland No. 43, September Term 2019 Opinion by Biran, J. CRIMINAL LAW — PETITION FOR WRIT OF ACTUAL INNOCENCE — MATERIALITY OF NEWLY DISCOVERED EVIDENCE — A judge considering a petition for a writ of actual innocence must determine whether newly discovered evidence that could not have been discovered with the exercise of due diligence creates a substantial or significant possibility that a jury, having heard the newly discovered evidence along with the evidence that was actually introduced at the…