Ineffective Assistance of Counsel Part 3:

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. […]

Ineffective Assistance of Counsel Part 2:

So let’s talk about prejudice and post conviction.  Yesterday’s post discussed deficient performance, a serious mistake, the first prong of Strickland.  The second part of the test involves “prejudice,”  and we’re not talking about the kind meant by #Oscarssowhite.  What does the case law say? […]

Ineffective Assistance of Counsel:

I recently offered to try and answer questions on twitter regarding the post conviction proceedings in Adnan Syed’s case. I thought it might be helpful to answer some of the questions on my blog and provide some legal background.  I’m going to try and do this in multiple posts to make the information easier to digest and to keep you from glazing over.  As a caveat, I have not been present for the  multi-day hearing and I’m not totally informed on the evidence that has come out in court, but as most of you know- there is some fantastic coverage out there.  I’ve particularly enjoyed the coverage on the Frisky. […]

Brady Violations: A Quick Primer

     I’ll translate this into plain language in an update to this post, but here are the fundamentals of Brady: In Brady v. Maryland, the United States Supreme Court held that the state’s suppression of exculpatory evidence at trial violates the Due Process Clause of the Fourteenth Amendment. To prevail on a Brady claim, Petitioner[…]