Gray v. State8/10/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ.
On January 10, 1990, Randy Hudson was fatally shot in Baltimore City. As a result of that shooting, on April 17, 1991, Julian Gray, petitioner in this case, was convicted by a jury of second-degree murder and use of a handgun in the commission of a violent crime. The court sentenced Gray to thirty-years' imprisonment for the murder and five- years' imprisonment for the handgun conviction. Gray appealed and on April 20, 1992, the Court of Special Appeals affirmed his convictions in an unreported opinion. Gray petitioned this Court for certiorari, and we denied the petition. Gray v. State, 327 Md. 626, 612 A.2d 256 (1992).
On July 28, 1999, Gray petitioned for post-conviction relief. On December 22, 1999, the Circuit Court for Baltimore City, Judge Clifton J. Gordy, Jr., presiding, held a hearing on the petition, at which both the State and Gray presented witnesses. On January 10, 2000, Judge Gordy denied the post-conviction petition and issued a "Statement of Reasons and Order of Court." On March 13, 2000, Gray filed an Application for Leave to Appeal, which was denied by the Court of Special Appeals on April 2, 2001.
On August 20, 2003, Gray filed a "Petition to Reopen Post Conviction Proceedings" in the Circuit Court for Baltimore City, pursuant to Md. Code (2001), ยง 7-104 of the Criminal Procedure Article. The State opposed the petition and on October 10, 2003, Judge Gordy denied Gray's petition, concluding that reopening would not be in the interest of justice. Gray filed an Application for Leave to Appeal, which was granted by the Court of Special Appeals on February 24, 2004. On September 13, 2004, in a reported opinion, the Court of Special Appeals affirmed the Circuit Court. Gray v. State, 158 Md. App. 635 (2004). Gray petitioned this Court and on December 17, 2004, we granted certiorari. Gray v. State, 384 Md. 448, 863 A.2d 997 (2004).
We are asked to determine whether a circuit court is required under the Maryland Rules to render a supporting statement or memorandum explicating a decision to deny a request to reopen a post-conviction proceeding. We hold that the court is not required to provide a detailed supporting statement or memorandum when ruling upon a petition to reopen a post-conviction proceeding.
FACTS
During Gray's trial, fifteen-year-old Erika McCray testified that on the night of the shooting, she went to her friend Peggy Riddic's house, located across the alley from a laundromat at North and Ruxton Avenues. McCray testified that she, Shauna Hantz, and two other friends named Tina and Neda, started to leave Riddic's house, and when she was at the doorway, McCray said she saw a "bunch of guys," whom she did not know, "running through the alley so we ran back in." She testified that they ran back in the house for a few minutes because they thought the people they saw were "stickup boys," meaning "people who stick people up and take what they have like money."
McCray also testified that after a minute or two, she and the other girls came out of the house and while on the porch, they saw a "couple other guys" walking from Moreland to Ruxton Avenue. McCray then testified that she saw two guys, one of whom was Gray, walk down Ruxton Road toward the laundromat and that "they was passing a few words." After that, McCray heard five or more gunshots. When asked what she did next, she testified that, " e just stood there and then we was stunned and then we walked around the corner." Then McCray testified that when she looked over towards the laundromat, she saw the victim falling down and she saw Gray "going another direction." Gray was convicted
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