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. […]
Under Maryland Rule 4-345(a) an illegal sentence may be corrected at any time. You file a Motion to Correct Illegal Sentence in the court where your trial or plea took place. It is typically ruled on by the judge who heard your case or the judge who inherits your sentencing judge’s docket. You are not[…]
UPDATE: A 7th Circuit panel of three judges granted the State’s emergency motion to block Brendan Dassey’s release. The order indicates that Mr. Dassey will remain incarcerated pending the outcome of the appeal. I can’t imagine what Mr. Dassey and his family must feel like right now. Today the Court Ordered Brendan Dassey released no[…]
There has been much paper pushed back and forth as of late in the battle to secure Adnan Syed a new trial. In this post I’m going to walk you through what has been filed and what to expect next. Without requiring you to read all the way to the end to learn the bottom line- though I’d love it if you would- I think we can expect one more filing from the State. If you want to view all of the key documents, Undisclosed Wiki is a great resource. […]
I was recently asked to comment on the reversal of Brendan Dassey’s conviction. See my comments in Rolling Stone and People.
I recently had the pleasure of speaking with journalist Amelia McDonell-Perry about the Adnan Syed case. Here is her coverage in Rolling Stone on the latest developments in the case. http://www.rollingstone.com/culture/features/serial-can-the-state-stop-adnan-syeds-new-murder-trial-w432267
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? […]