University of Baltimore Law Forum


Bradley T. Bald


The Court of Appeals of Maryland held that Maryland Rule 4-707(b) does not entitle an indigent petitioner to counsel for purposes of a post conviction petition for DNA testing. Fuster v. State, 437 Md. 653, 657-58, 89 A.3d 1114, 1116 (2014). In addition, the court held that the circuit court did not abuse its discretion by failing to consider whether to appoint the petitioner counsel under under section 8-201 of the Maryland Criminal Procedure Code. Id. The court further held that the circuit court used the correct legal standard in ruling on the petition. Id. Finally, the court held that the petitioner failed to preserve for appellate review whether the circuit court clearly erred in concluding that the State conducted a reasonable search for the victim’s socks and shoes.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.