Successive Post-Conviction petitions are not barred by the doctrine of Res Judicata or Maryland Rule 4-704; a petition for DNA testing will be denied if the evidentiary threshold for a wrongful conviction claim is not met.

By: Kayla M. DiNuccio

     The Court of Appeals of Maryland held that the doctrine of res judicata and Maryland Rule 4-704 do not bar successive DNA petitions.  Jackson v. State, 448 Md. 387, 406, 139 A.3d 976, 987 (2016).  The court further held that denying Jackson’s petition for DNA testing without a hearing under Maryland Rule 4-709 was proper, because none of his assertions would have produced exculpatory evidence.  Id. at 411, 139 A.3d at 990.

     In 1993, Steven Jackson (“Jackson”) entered an Alford plea to second-degree rape of Patricia M. in the Circuit Court for Baltimore County.  Jackson was sentenced to twenty years imprisonment with all but four years suspended and five years supervised probation.  In 1995, the balance of Jackson’s sentence was suspended and he was placed on probation.  While released on probation, Jackson was convicted of two additional counts of second-degree rape.

     Thereafter, Jackson filed numerous petitions for DNA testing pursuant to section 8-201(c) of the Criminal Procedure Article of the Maryland Code (“section 8-201(c)”) for the rape of Patricia M.  In 2005, Jackson filed his first petition for DNA testing, which was granted, but yielded inconclusive results.  In 2008, Jackson filed another petition, which was denied.  In 2009, Jackson filed a petition for post-conviction relief, which was denied.  In 2013, Jackson filed a fourth petition for DNA testing, which was again denied.  Jackson subsequently appealed the denial of the 2013 petition but later withdrew.