Judge Allows Man Convicted of Attempted Murder to File for A Panel Review

By Zoe Foringer-Laing [former] - June 30, 2021
Court | Daily Stories | Non-Fatal Shooting |

A defendant, who was convicted of attempted murder five years ago, was granted the right to apply for a three-judge panel review in Baltimore City Circuit Court on June 30. 

In Maryland, those convicted with a two-year sentence or longer usually have 30 days after their sentencing to apply for a three-judge panel. Rakeem Salmond, 26, is now being granted that right nearly five years later.

This ruling allows Salmond to file to challenge his previous sentence of 20 years. 

Salmond received this sentence in July 2016 after he pleaded guilty to attempted first-degree murder and firearm use during a violent crime in connection to a non-fatal shooting in July 2015. 

During the hearing, defense attorney Andrew Cryan petitioned for post-conviction relief. He argued that Salmond’s constitutional right to counsel was violated when his previous defense attorney, Frank Capiello, failed to file applications to appeal and a three-judge panel.

Salmond said he requested the applications on the day that he pleaded guilty and that later, in 2016, he sent Capiello a letter requesting them again.

Capiello, who was also called as a witness, said he could not recall whether Salmond had requested the applications. 

However, Cryan used a 2016 court record to show that Capiello had advised Salmond not to pursue the three-judge panel due to possibility of his sentence being increased.

Cryan found fault with this advice, citing a precedent that states that sentences from binding plea deals cannot be increased in front of a three-judge panel.

Judge Erik S. Atas denied a belated application for the appeal on the grounds that there was no evidence beyond testimony that Salmond had requested the appeal application.

However, he granted the belated application for a three-judge panel due to the evidence that Salmond was inadequately advised.