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By
Neoline James [former]
- April 7, 2023
Court
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Daily Stories
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Non-Fatal Shooting
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Shooting
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Suspects
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Baltimore City Circuit Court Judge Erik S. Atas told a non-fatal shooting defendant that he was working to ensure that his rights were protected during a collateral hearing on April 6.
Defendant Steve Scaff and his defense attorney Nora Fakhri appeared before Judge Atas to ask for a belated notice of appeal on “some matters” and hold the rest sub-curia.
As a precedent, Fakhri cited the case of Waters v. State, when the defense did not address every post-conviction claim so that unresolved matters could maintain first post-conviction status.
The prosecution argued that the defense should not be allowed to hold those matters sub-curia because the initial post-conviction appeal should be addressed timely and correct as many problems as possible to limit errors.
Judge Atas sought to create a “middle ground” by providing the defense with a post-conviction appeal that must be submitted within 60 days. He stated that all other petitions held sub-curia wouldn’t have first-conviction appeal status but instead be subject to an evidentiary hearing. Counsels for the prosecution and defense submitted.
According to the Maryland Judiciary website, in 2020 Scaff, 27, was convicted and sentenced to 25 years, suspending all but 10 years and five years of supervised probation for first-degree assault; three concurrent sentences of one year, ten months and ten days for reckless endangerment from a car, conspiracy to commit reckless endangerment from a car and having a deadly weapon with the intent to injure; a consecutive sentence of 15 years, suspending all but five years with five years of supervised probation for using a firearm in a felony violent crime; and a concurrent sentence of 15 years, suspending all but five years with five years of supervised probation for conspiracy to use a firearm in a felony violent crime for an incident that occurred on Nov. 11, 2018.
Scaff was also found guilty of numerous weapons charges which were merged with the aforementioned charges.
A verdict was not rendered for the charges of conspiracy to commit first-degree assault, second-degree assault, and conspiracy to commit second-degree assault.