Arey v. State
29 A.3d 986
Md.2011Background
- Arey was convicted in 1974 of first-degree murder and related offenses based in part on blood-type evidence from a shirt and testimony at trial.
- In 2002 Arey filed a postconviction DNA testing petition under Md. Crim. Proc. Art. § 8-201(b).
- The State filed an affidavit claiming the tested evidence no longer existed, and the circuit court dismissed Arey’s petition in 2006.
- This Court reversed in 2007 (Arey I), remanding to allow the State to prove a reasonable search for the evidence.
- On remand (2007–2010) the circuit court held hearings about flood damage in 2003, ECU inventory, and a Davis affidavit stating no memory of the shirt and that evidence was not kept after testing.
- In April 2010 the circuit court denied Arey’s petition two days after receiving Davis’s affidavit, prompting appellate review and reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State’s search was reasonable | Arey contends the search was not reasonable and the dismissal was premature. | State contends the search was reasonable and the petition was properly dismissed. | Remanded; lower court’s ruling premature; need further proceedings to assess search reasonableness. |
| Whether Arey was given a fair opportunity to respond to the pivotal affidavit | Arey asserts due process required notice and time to respond before dismissal. | State contends the affidavit sufficed to terminate inquiry without further response. | Remanded; Arey must be given opportunity to respond before final ruling. |
| How burdens of production/persuasion apply in DNA-missing-evidence cases | State bears initial burden of production and persuasion; upon prima facie showing, burden shifts to Arey to show existence. | State’s burden should not shift or should shift differently after initial burden. | Clarified; burden-shifting remains governed by case law; need remand to apply properly. |
Key Cases Cited
- Arey v. State, 400 Md. 491 (Md. 2007) (reversed 2006 dismissal for lack of sufficient search showing; set framework for burden shifting)
- Blake v. State, 418 Md. 445 (Md. 2011) (Blake II; affirmed trial court’s deference to reasonableness finding; due process for response)
- Blake v. State, 395 Md. 213 (Md. 2006) (Blake I; required notice and opportunity to respond when State asserts evidence no longer exists)
- Horton v. State, 412 Md. 1 (Md. 2009) (reversed dismissal when insufficient time to respond to destruction-document)