by Erica Suter | Jul 27, 2018 | Post Conviction
The mailbox rule means that a pleading is deemed to be filed on the day it is mailed and not the date that it is received by the clerk. In 2018, the Maryland Court of Appeals officially adopted the “mailbox rule” for unrepresented inmates in post...
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 | Apr 30, 2017 | Appeal, Collateral Relief, Criminal Defense, Post Conviction, Uncategorized
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...
by Erica Suter | Apr 1, 2017 | Appeal, Collateral Relief, Criminal Defense, Guilty Plea, Motion to Correct Illegal Sentence, Post Conviction, Uncategorized
UPDATE: As of October, 2018, the statute law was changed. The law in Maryland now allows people who pleaded guilty to file a Petition for Writ of Actual Innocence. The new language is posted below: (ii) if the conviction resulted from a guilty plea, an Alford plea,...
