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AREY v. STATE

No. 104, September Term, 2010.

29 A.3d 986 (2011)

422 Md. 328

Douglas Scott AREY v. STATE of Maryland.

Court of Appeals of Maryland.

Reconsideration Denied November 18, 2011.

Attorney(s) appearing for the Case

Marc A. DeSimone, Jr. , Assistant Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief

Robert Taylor, Jr. , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Argued before HARRELL, GREENE, ADKINS, BARBERA, JOHN C. ELDRIDGE, (Retired, Specially Assigned), LAWRENCE F. RODOWSKY, (Retired, Specially Assigned) and IRMA S. RAKER, (Retired, Specially Assigned), JJ.

GREENE, J.

In 1974, Appellant, Douglas Scott Arey, was convicted of first-degree murder and use of a handgun in the commission of a felony. In 2001, the Maryland Legislature passed the DNA Evidence—Postconviction Review Act,1 becoming one of more than thirty states which now have similar statutes providing for postconviction scientific testing of evidence in cases where the petitioner was convicted of one or more statutorily enumerated...

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