Blake v. State
15 A.3d 787
Md.2011Background
- Appellant Blake was convicted of first degree rape and first degree sexual offense in 1982 for July 27, 1981 acts.
- Blake filed a petition for DNA testing on December 1, 2004 under CP § 8‑201.
- This Court in Blake I (2006) reversed a summary dismissal and outlined procedures for petitions and for locating evidence when the State contends it no longer exists.
- The Circuit Court conducted multiple hearings under Title 4, Chapter 700 procedures to locate evidence and determine if it still existed.
- The court found that the State’s searches were reasonable and denied Blake’s petition for DNA testing in 2010.
- Blake appeals the denial, arguing the searches were inadequately conducted, and that the State failed to locate the relevant DNA evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ECU search was reasonable under CP § 8-201 | Blake: search of ECU was unreasonable | State: searches conformed to NIJ recommendations | Yes, ECU search reasonable under CP § 8-201 |
| Whether SAO search was reasonable under CP § 8-201 | Blake: SAO search was inadequate | State: SAO search was reasonable based on record | Yes, SAO search reasonable under CP § 8-201 |
Key Cases Cited
- Blake v. State, 395 Md. 213 (2006) (reversed summary dismissal; outlined postconviction DNA testing procedures and preservation duties of state)
- Arey v. State, 400 Md. 491 (2007) (require reasonable search for evidence before concluding existence; burden shifts to petitioner after prima facie showing)