It is our opinion that, if McClain’s testimony had been presented to the jury, it would have “alter[ed] the entire evidentiary picture,” because her testimony would have placed Syed at the Woodlawn Public Library at the time the State claimed that Syed murdered Hae. See Strickland, 466 U.S. at 696. Such testimony would have directly[…]
Because Syed has proven the performance and prejudice prongs of the Strickland test, we conclude that his claim of ineffective assistance of counsel has been established. Accordingly, Syed’s murder conviction must be vacated, and because Syed’s convictions for kidnapping, robbery, and false imprisonment are predicated on his commission of Hae’s murder, these convictions must be[…]
I wanted to get this out sooner, but I’ve been swamped with my own cases. By now, much has already been written and discussed regarding oral argument in State v. Syed. Journalists published their articles that day and you can now purchase an audio of the arguments from the Court of Special Appeals and draw your own conclusions. So, I’ll try and narrow my focus a bit. […]
As you know, on June 30, 2016, the post conviction court vacated Adnan Syed’s convictions and granted him a new trial. The post conviction court found that Syed’s trial counsel’s failure to cross examine the State’s expert on the unreliability of incoming call cell phone data was deficient and that that error created a substantial possibility that the result of the trial would have been different. […]
On June 30, 2016, the Circuit Court for Baltimore City granted relief in Adnan Syed v. State. You can read the Court’s 59 page Memorandum Opinion and Order at the end of this post. I’m going to attempt to bottom line the key points in the Court’s opinion.
There were three issues before the Court:
- Did Mr. Syed’s trial counsel render ineffective assistance in failing to contact Asia McClain as a potential alibi witness?
- Did the State fail to turn over documents to defense as required by law?
- Did trial counsel render ineffective assistance in failing to challenge the reliability of the State’s cell tower location evidence
The Court denied relief on the first two claims, but granted relief as to the third claim. You only need to win on one issue to win a new trial. Mr. Syed did not need to will on all of the claims in order to ultimately prevail.
Did Mr. Syed’s trial counsel render ineffective assistance in failing to contact Asia McClain as a potential alibi witness? […]