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KULBICKI v. STATE

No. 13, Sept. Term, 2013.

99 A.3d 730 (2014)

440 Md. 33

James KULBICKI v. STATE of Maryland.

Court of Appeals of Maryland.

Reconsideration Denied October 21, 2014.

Attorney(s) appearing for the Case

Edwin J. Kilpela, Jr. , Assigned Public Defender (Del Sole Cavanaugh Stroyd, LLC, Pittsburgh, PA; Robert M. Cary , Assigned Public Defender, Williams & Connolly, LLP, Washington, DC), on brief, for petitioner/cross-respondent.

Mary Ann Ince , Asst. Atty. Gen. ( Douglas P. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent/cross petitioner.

Argued before HARRELL, BATTAGLIA, GREENE, ADKINS, McDONALD, JOHN C. ELDRIDGE (Retired, Specially Assigned), and LAWRENCE F. RODOWSKY (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

The Petitioner, James Kulbicki, was convicted in 1995 of first-degree murder and the use of a firearm in the commission of a felony in the Circuit Court for Baltimore County,1 based, in part, on the testimony of Agent Ernest Peele of the Federal Bureau of Investigation. Agent Peele testified that a bullet fragment found in Kulbicki's truck and a bullet found inside the victim were...

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