FAULKNER v. STATE

Nos. 42, 43, Sept. Term, 2019.

227 A.3d 584 (2020)

468 Md. 418

David R. FAULKNER v. STATE of Maryland. Jonathan D. Smith v. State of Maryland.

Court of Appeals of Maryland.

April 27, 2020.


Attorney(s) appearing for the Case

Argued by John W.F. Chesley ( Arianna M. Scavetti and Michael R. Dziuban , Gibson, Dunn & Crutcher, LLP, Washington, DC; Shawn Armbrust and Frances Walters , The Mid-Atlantic Innocence Project, George Washington University Law School, Washington, DC), on brief, for Petitioner (No. 42, Sept. Term, 2019).

Argued by Cathleen C. Brockmeyer , Assistant Attorney General ( Brian E. Frosh , Attorney General of Maryland, Baltimore, MD), on brief, for Respondent (No. 42, Sept. Term, 2019).

Argued by Donald P. Salzman ( Nathan P. Wacker , Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC; Barry C. Scheck , The Innocence Project, New York, NY), on brief, for Petitioner (No. 43, Sept. Term, 2019).

Argued by Cathleen C. Brockmeyer , Assistant Attorney General ( Brian E. Frosh , Attorney General of Maryland, Baltimore, MD), on brief, for Respondent (No. 43, Sept. Term, 2019).

Amicus Curiae Maryland Criminal Defense Attorneys Association in support of Petitioner: Erica J. Suter, Esquire , Law Offices Erica J. Suter, LLC, 6305 Ivy Lane, Suite 700, Greenbelt, MD 20770, Steven M. Klepper, Esquire , Kramon & Graham, P.A., One South Street, Suite 2600, Baltimore, MD 21202, Robin K. Henley, Esquire , Henley & Henley, 47 West Street, Annapolis, MD 21401, Andrew V. Jezic, Esquire , Jezic & Moyse, LLC, 2730 University Blvd. West #604, Wheaton, MD 20902.

Amicus Curiae the Innocence Network in support of Petitioner: Jonathan M. Cohen, Esquire , John Longstreth, Esquire , Daniel S. Cohen , Esquire K& L Gates LLP, 1601 K St. NW, Washington, DC 20006.

Amicus Curiae National Association of Criminal Defense Lawyers in support of Petitioner: David B. Smith, Esquire , Vice-Chair, National Association of Criminal Defense Lawyers, 1660 L Street, N.W., Washington, DC 20036, Kristin Saetveit, Esquire , John S. Williams, Esquire , Jane Y. Chong, Esquire , Vanessa O. Omoroghomwan, Esquire , Williams & Connolly LLP, 725 Twelfth Street, N.W., Washington, DC 20005.

Argued before: McDonald, Watts, Hotten, Getty, Biran, Glenn T. Harrell, Jr. (Senior Judge, Specially Assigned), and Clayton Greene, Jr., (Senior Judge, Specially Assigned), JJ.


On the afternoon of January 5, 1987, Adeline Curry Wilford, 68, was brutally murdered in the kitchen of her home just outside Easton in Talbot County, Maryland. The Maryland State Police ("MSP") officers who arrived on the scene saw that the house had been ransacked. They discovered the palm print of a suspected burglar on the exterior...

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