Greco v. State, 427 Md. 477

Greco was convicted in 1982 of first degree premeditated murder, first degree rape, and first degree felony murder in Baltimore County.
Postconviction relief was granted in 2009 by vacating his murder conviction but leaving other convictions intact; the intermediate court reinstated the murder conviction on appeal.
The State appealed the postconviction court’s grant of relief; the circuit court later clarified the relief applied only to the murder conviction.
The Court of Special Appeals held Hoey v. State and Simmons v. State did not create a new retroactive rule and that Johnson v. State remained controlling on the admissibility of mental impairment evidence.
Greco contended the postconviction order violated UPPA § 7-106(c) by recognizing a new constitutional standard retroactively; the State argued jurisdiction and retroactivity issues.
The case proceeded to this Court, which held that the Court of Special Appeals had jurisdiction, Greco was not entitled to postconviction relief, and Greco’s fifty-year sentence for first-degree murder was illegal while the fifty-year sentence for first-degree rape was not.
On remand, the Court affirmed the judgment and remanded for correction of the illegal sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Special Appeals had jurisdiction over the State’s appeal.	Greco: jurisdiction lacking because of superseded order.	State: jurisdiction exists; the February 2010 order clarified the September 2009 order.	Jurisdiction proper; timely appeal to the postconviction order.,
Whether Hoey v. State and Simmons v. State established a new retroactive constitutional rule.	Greco: these decisions created a new retroactive standard under UPPA § 7-106(c)(2).	State: Hoey/Simmons clarified dicta but did not establish a new rule not previously recognized.	Hoey/Simmons did not create a new, not previously recognized rule for § 7-106(c)(2)(i); Petitioner barred.
Whether Greco’s sentence for first-degree murder was illegal and how remand should address it.	Greco: fifty-year term-of-years for murder converted from life with fifty years suspended; illegal under statute.	State: allow correction to life with fifty suspended on remand; cannot exceed maximum authorized by law.	Fifty-year murder sentence illegal; remand to impose lawful life sentence with fifty years suspended; rape sentence not illegal.

Johnson v. State, 292 Md. 405 (1982) (holding diminished capacity not recognized as a defense; limited to specific issue of mens rea evidence addressing diminished capacity)
Hoey v. State, 311 Md. 473 (1988) (mentally impaired evidence admissible to show absence of mens rea; not retroactive rule unless warranted by § 7-106(c))
Simmons v. State, 313 Md. 33 (1988) (discussed Hoey; mental impairment evidence admissible to imperfect self-defense)
Cathcart v. State, 397 Md. 320 (2007) (sentencing effect of unlawfully imposed sentence; split-sentence corrections under CJ § 12-702(b))
Dixon v. State, 364 Md. 209 (2001) (remand sentencing limited to maximum legal sentence; CJ § 12-702(b) applied to correct illegal sentences)
Kanaras v. State, 54 Md.App. 568 (1983) (psychiatric testimony admissibility before Hoey/Simmons; mental impairment evidence contested)