Kulbicki v. State
207 Md. App. 412
| Md. Ct. Spec. App. | 2012Background
- Kulbicki convicted of first-degree murder in 1995, then again after retrial; sentenced to life without parole.
- Postconviction relief petition filed in 1997; amended petition filed in 2006; five-day hearing in 2007; denial in 2008.
- CHALLENGED EVIDENCE: CBLA testimony, Kopera’s testimony, Clay identification, and DNA/serology bone fragment analysis.
- Kopera lied about credentials at trial; CBLA criticized as unreliable by Clemons (appeals court acknowledged reliability concerns).
- Postconviction court found no due-process violation from CBLA; Kopera perjury not material; trial counsels’ strategy deemed reasonable; affirmed on appeal.
- Court ultimately affirmed circuit court’s denial of postconviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unreliability of CBLA supports a UPPA-based due-process claim | Kulbicki argues CBLA undermines due process under UPPA | State contends CBLA not cognizable under UPPA or not material | No due-process violation; CBLA properly weighed as weight of evidence, not admissibility |
| Whether perjury by Kopera or other perjured testimony deprived Kulbicki of a fair trial | Perjury by state witness material to outcome | Perjury non-material; prosecutors unaware; not reversible | Kopera perjury not material to outcome; no relief granted |
| Whether trial counsel rendered ineffective assistance in challenging the State’s science | Counsel failed to adequately challenge CBLA and DNA/serology | Counsel's strategy was reasonable; no prejudice shown | No ineffective assistance; strategy deemed reasonable; no prejudice shown |
Key Cases Cited
- Clemons v. State, 392 Md. 339 (2006) (CBLA reliability concerns; Frye-Reed considerations; retrospective considerations)
- Berry, 624 F.3d 1031 (9th Cir. 2010) (CBLA reliability; due-process standards; admissibility vs. weight)
- Napue v. Illinois, 360 U.S. 264 (1960) (prosecution responsibility for knowing use of false testimony)
- Stevenson v. State, 299 Md. 297 (1984) (materiality of false testimony; due-process standard)
- Gray v. State, 388 Md. 366 (2005) (perjury/false testimony; state agents' knowledge)
- Dowling v. United States, 493 U.S. 342 (1989) (due process and scientific evidence balancing)