Kulbicki v. State
99 A.3d 730
| Md. | 2014Background
- Kulbicki was convicted in 1995 of first-degree murder and related firearm offenses, based in part on FBI CBLA testimony by Agent Peele.
- In Clemons (2006), the Court criticized CBLA as unreliable under Frye-Reed, undermining earlier CBLA admissibility assumptions.
- Kulbicki sought post-conviction relief under Maryland's postconviction act, challenging admission of CBLA and trial counsel's cross-examination.
- The circuit court denied relief; the Court of Special Appeals affirmed without addressing the ineffectiveness claim related to CBLA.
- This Court granted certiorari to consider ineffective assistance, due to defense counsel's failure to adequately test CBLA, based on a 1991 Peele report.
- The Court held defense counsel rendered ineffective assistance for failing to investigate and cross-examine Peele, warranting reversal and a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for CBLA handling | Kulbicki | Kulbicki | Claim succeeds; prejudice shown; remand for new trial |
| Due process and admissibility of CBLA | Kulbicki argues due process violated by unreliable CBLA | State | Conviction implicates due process concerns; remand addresses it |
| Perjury/false testimony by expert and due process | Kulbicki | State | Court considers but remands on Strickland prejudice; address in remand |
Key Cases Cited
- Clemons v. State, 392 Md. 339 (2006) (CBLA reliability concerns; Frye-Reed standard criticisms)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance)
- Coleman v. State, 434 Md. 320 (2013) (definitions of prejudice and analysis under Strickland)
- Driscoll v. Delo, 71 F.3d 701 (1995) (Cross-examination of forensic serology may establish deficient performance)
- Blackwell v. Wyeth, 408 Md. 575 (2009) (scientific evidence; standards for admissibility and evaluation)