UPDATE: On November 7, 2016, the Court of Special Appeals GRANTED the Application for Leave to Appeal the Denial of Post Conviction Relief in my client’s case! I am so thrilled to have the opportunity to continue to fight for my client. The Court’s Order is below. The granting of an Application for Leave to Appeal is rare. According to C. Justin Brown, between 2010 and 2014 the Court of Special Appeals granted just 1.22% of all of the Applications filed.
Recently, the Court of Special Appeals ordered the State to respond to the Application for Leave to Appeal the Denial of Post Conviction Relief in one of my cases. You can read more about ALA’s in general, here. I’ve posted the Court’s order and my Application for Leave to Appeal below. The Court’s order is the first step toward getting the ALA granted. After the State responds, the Court could set the matter in for full briefing and oral argument, it could deny the ALA, or it could grant the ALA based on the pleadings alone. […]
Most everyone has heard of the standard of proof in a criminal prosecution, “beyond a reasonable doubt.” It is the highest standard of proof in our legal system. It was the standard of proof that applied during Adnan Syed’s trial. The State was tasked with persuading the jury that Mr. Syed was guilty, beyond a reasonable doubt and Mr. Syed was presumed innocent until the State satisfied its burden of proof. […]
“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. […]
Below are some recently decided criminal law cases from the Maryland Court of Appeals and the Court of Special Appeals. Coming soon- I will post about Petitions for Writ Actual Innocence and the body of case law that is developing on the issue. Two of the most recent decisions on Petitions for Writ of Actual Innocence were decided recently and are covered below. […]
**UPDATE: The Court of Special Appeals granted the ALA in Adnan’s case on February 6, 2015. The case was sent back to Judge Welch in Baltimore City Circuit Court for the court to consider Asia’s affidavit and potential testimony. Adnan is also attempting to amend his petition with an additional claim regarding the cell phone[…]