SIMMS v. STATE

No. 78, Sept. Term, 2014.

126 A.3d 26 (2015)

445 Md. 163

Joseph E. SIMMS v. STATE of Maryland.

Court of Appeals of Maryland.

Filed November 23, 2015.


Attorney(s) appearing for the Case

Nancy S. Forster (Forster & Johnson, Baltimore, MD), on brief, for Appellant.

Robert Taylor, Jr. , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Appellee.

Argued before: BARBERA, C.J., BATTAGLIA, GREENE, ADKINS, McDONALD, WATTS, GLENN T. HARRELL, JR. (Retired, Specially Assigned), JJ.


In this case, both sides have sought to prove a negative. The Appellant, Joseph E. Simms, was convicted of first degree murder and related offenses in 1996. In 2008, well after his conviction had become final, he embarked on an effort under the post-conviction DNA testing statute, Maryland Code, Criminal Procedure Article ("CP"), &...

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