Opinion
1542-2021
04-06-2022
JEREMY SHANE COCHRAN v. STATE OF MARYLAND
Circuit Court for Harford County Case No. 12-K-12-000458
Nazarian, Leahy, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.
OPINION
PER CURIAM
Following a 2012 jury trial in the Circuit Court for Harford County, Jeremy Shane Cochran, appellant, was convicted of sexual abuse of a minor-continuing course of conduct, sexual abuse of a minor, and conspiracy to commit sexual abuse of a minor. This Court affirmed his convictions on direct appeal. See Cochran v. State, No. 86, Sept. Term 2013 (filed July 2, 2014).
In October 2021, appellant filed two motions in his criminal case: a "Motion for Dismissal of Indictment" and a "Petition for Violations of Fourteenth, Fifth, and Sixth Amendments." Those motions raised various claims of error with respect to his trial including, relevant to this appeal, that (1) the trial court had erred in allowing the prosecutor to make improper comments during closing and rebuttal; (2) the trial court had erred in not dismissing his indictment because of prosecutorial misconduct; and (3) the trial court had erred in instructing the jury. The court denied both motions without a hearing.
On appeal, appellant contends that the court erred in denying his motions. Specifically, he raises the same claims that he did in the circuit court with respect to the prosecutor's closing and rebuttal arguments, the trial court's refusal to dismiss the indictment, and the trial court's jury instructions. However, these claims are barred by the law of the case doctrine as they were either raised or could have been raised in appellant's direct appeal. Holloway v. State, 232 Md.App. 272, 282 (2017) (noting that the law of the case doctrine bars re-litigation not only of claims that were decided in prior appeals, but also any claims "that could have been raised and decided"). Consequently, we shall affirm the judgments of the circuit court.
JUDGMENTS OF THE CIRCUIT COURT FOR HARFORD COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT. --------- Notes: This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.