by Erica Suter | Mar 31, 2018 | Appeal, Collateral Relief, Criminal Defense, Post Conviction
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...
by Erica Suter | Mar 30, 2018 | Appeal, Collateral Relief, Criminal Defense, Post Conviction
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...
by Erica Suter | Jun 18, 2017 | Appeal, Collateral Relief, Criminal Defense, Post Conviction, Uncategorized
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...
by Erica Suter | Jan 13, 2017 | Appeal, Collateral Relief, Criminal Defense, Motion to Correct Illegal Sentence
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...
by Erica Suter | Nov 16, 2016 | Appeal, Collateral Relief, Criminal Defense, Uncategorized
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...