“Loud and wrong” is an expression of which I’m rather fond. It applies when someone is equal parts incorrect and adamant that they are right. Another way to describe this state of being is confident and uninformed or my personal favorite, “Strong with no money.” Though I harbor a certain, peculiar admiration for the kind of person who is so completely without shame, self reflection, or concern that they could be making an utter fool of themselves, this behavior presents a genuine danger to clients and attorneys.
Under the current law in Maryland you are entitled to only one post conviction petition and one hearing on that petition. If you have lost your post conviction petition and your Application for Leave to Appeal from the denial of your post conviction, you next option may be to file a Motion to Reopen a closed post conviction. A Motion to Reopen is filed in the circuit court. Oftentimes, it goes back to the judge who denied the post conviction petition. In some counties, there is a single judge who reviews all Motions to Reopen and decides whether it will be denied or be assigned to a judge to consider the merits. The applicable standard in determining whether to reopen a closed post conviction is “in the interests of justice.” In other words, the court must ask, is it in the interests of justice to give this person another chance to argue that something went wrong with the trial or guilty plea. This standard is a broad, ill-defined standard, but one recognized basis is ineffective assistance of post conviction counsel.