Blake v. State, 418 Md. 445

15 A.3d 787 (2011) · Court of Appeals of Maryland · March 22, 2011 · No. No. 58, September Term, 2010

Summary

The Maryland Court of Appeals reviews the denial of George E. Blake's petition for post-conviction DNA testing. The court holds that the State conducted a reasonable search for the requested evidence under Maryland Criminal Procedure § 8-201 and affirms the circuit court's denial of the petition.

Holdings

  1. The Circuit Court did not clearly err in finding that the State conducted a reasonable search of the Evidence Control Unit and off-site storage facility under Maryland Criminal Procedure § 8-201.
  2. The search of the State's Attorney's Office was not unreasonable, and the State was not required to conduct additional searches there.

Questions Presented

  1. Whether the Circuit Court clearly erred in finding that the State conducted a reasonable search of the Evidence Control Unit and off-site storage facility for the requested DNA evidence.
  2. Whether the search of the Baltimore City State's Attorney's Office was unreasonable and therefore required additional searches under Maryland Criminal Procedure § 8-201.

Disposition

affirmed

Cases Cited (2)

  • Blake v. State, 395 Md. 213, 909 A.2d 1020 (2006)(followed)
  • Arey v. State, 400 Md. 491, 929 A.2d 501 (2007)(followed)

Cited In (0)

No citing cases on record yet.

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