Post-Conviction Proceedings

• Seward, George (Baltimore County) – Mr. Seward was awarded a new trial and his rape conviction was vacated after his Writ of Actual Innocence Petition was granted. Mr. Seward’s victory was upheld on appeal.
• Sissoko, Moussa (Montgomery County) – After a contentious science-based post-conviction hearing, Mr. Sissoko was awarded a new trial on the ground that his trial counsel had been ineffective by failing to adduce expert medical testimony to rebut the State's expert medical forensic testimony on abusive head trauma. Mr. Sissoko subsequently chose to reject the State’s subsequent plea offer and he was convicted in his retrial.
• Stewart, Andrew (Baltimore City) – Our Writ of Actual Innocence Petition was consented to by the State based on various improper police tactics with juvenile witnesses and other Brady claims. Mr. Stewart subsequently obtained a record monetary award from the Maryland Board of Public Works. Mr. Stewart appeared on 60 for 60 Minutes with his two co-defendants (The “Harlem Park 3”) in June 2020. We are currently suing the Baltimore Police Department and various officers on Mr. Stewart’s behalf.
• Thomas, Melvin (Baltimore City) – A joint defense and state Writ of Actual Innocence Petition was granted, and Mr. Thomas was released after nearly 19 years in prison for an attempted murder he did not commit. The alleged victim recanted his manipulated police identification of Mr. Thomas, an identification which was inconsistent with the description of the crime scene shooter by multiple witnesses.
• Washington, George (Baltimore City) – Our Writ of Actual Innocence Petition was granted based primarily on witness recantation. Mr. Washington was released, and the state chose not to seek a retrial.
• Williams, Tony (Baltimore City) – A new trial was ordered due to trial perjury and Brady and Giglio violations. Mr. William’s post-conviction victory regarding his murder conviction was upheld on appeal in a published decision.

To learn more about pursuing an appeal or filing for a mistrial, call (410) 783-0272 or schedule a case review with our Baltimore attorney today.

Maryland Post Conviction Relief Motion

Maryland law allows clients to seek post-conviction relief following the end of the direct appeals process. In Maryland, every convicted client has a right to an in-court hearing on their post-conviction claims so long as they are serving a sentence of incarceration or are on parole or probation arising from a conviction and sentence. In some situations, a client's previously denied post-conviction petitions can be reopened and clients may prevail based on subsequent claims of actual innocence. After a trial has resulted in a conviction and sentence, a federal court client has the right to seek timely post-conviction relief by filing a 28 U.S.C. § 2255 petition.

Unlike direct appeals, post-conviction proceedings are not limited to the prior trial record. Our tireless investigative work in such cases is a hallmark of our practice and has resulted in the freedom of numerous clients including four innocent Maryland men who had wrongfully served 27, 39, 32, and 26 years in prison and an individual who remained on death row for more than 7 years.

Ways of Obtaining Sentencing Relief in State and Federal Courts

In addition to filing a post-conviction petition, clients can obtain sentencing relief in Maryland state courts as a result of:

• An appeal to the Circuit Court from a District Court conviction
• A timely filed Motion to Reduce Sentence
• A hearing before a Three-Judge Panel
• Acceptance into and successful completion of various drug/alcohol programs ordered by the court

In Federal Court, a client's sentence can be reduced by:

• A successful appeal challenging the reasonableness of the sentence or the improper application of the Federal Sentencing Guidelines
• Successful admission and completion of various programs offered by the Federal Bureau of Prisons
• Obtaining sentencing relief through federal post-conviction petitions (28 U.S.C. § 2255) and/or Federal or State Coram Nobis petitions
• Providing substantial assistance /cooperating with law enforcement or prosecutors after sentence

Obtaining Relief through Coram Nobis Petitions

There is also a right in Maryland to attack a conviction and sentence long after a client has served a sentence and completed parole or probation. This issue most commonly arises when permanent resident aliens or other undocumented individuals face deportation based on old offenses, or prior convictions need to be removed due to professional licensing, regulatory requirements, or educational or vocational goals. In these situations, Nathans & Ripke LLP attorneys have successfully employed the writ of Coram Nobis to help our clients achieve freedom from the unexpected consequences of prior convictions. We have also had success in filing Coram Nobis petitions in appropriate cases.

Evaluating Grounds for Post Conviction and Coram Nobis Relief

Below is a list of some of the legal issues that have formed the basis for our post-conviction and Coram Nobis victories:

• Discovery of exculpatory – Brady evidence
• Errors in guilty plea proceedings
• Ineffective assistance of counsel (failure to properly investigate mental health defenses)
• Ineffective assistance of counsel (failure to adequately represent the client during Federal Sentencing proceedings)
• Ineffective assistance of counsel (failure to adequately put forth a defense)
• Ineffective assistance of appellate counsel (failure to investigate or raise a viable claim)
• Conflict of interest of the trial attorney
• Evidence of Actual Innocence

Federal Post-Conviction Proceedings

After a trial has resulted in a conviction and sentence, a defendant in federal court has two more opportunities to obtain a just result: direct appeal and federal habeas corpus post-conviction proceedings through 28 U.S.C. § 2255. Our attorneys have many years of experience and successes in correcting errors made in federal trials through post-conviction proceedings. These successes have included reduced or shortened sentences, the reversal of convictions, and eventual pleas to reduced charges.

Our principal federal area of practice is in Maryland, although we also have experience in federal post-conviction proceedings in other states.

Contact our Post Conviction Lawyers in Maryland

The rules and procedures governing post-conviction cases are complex and subject to strict timelines. Consequently, it's extremely important to work with an experienced post-conviction lawyer in Maryland who understands the process and the fine art of advocacy.

To schedule an appointment to discuss your case, contact a Baltimore appeals attorney by calling (410) 783-0272.