Adnan Syed entitled to new trial, Court of Special Appeals affirms. What’s next?
The Court of Special Appeals of Maryland has issued its decision in Adnan Syed v. State of Maryland. The opinion, affirming that Syed is entitled to a new trial, is available here.
So what’s next? The State can file a motion for reconsideration within 30 days (April 30).
- On April 30, if there has been no motion for reconsideration, the Court of Special Appeals will issue its mandate, which will make its opinion final.
- Within 15 days after the mandate issues, the State can file a petition for certiorari with the Court of Appeals of Maryland, which is the state’s highest court. Assuming the mandate issues on April 30, that deadline will be May 15.
- Syed will have 15 days to file a conditional cross-petition on any issues where he lost.
- The Court of Appeals has seven active judges, who will vote on the petition and any cross-petition. The judges themselves, typically not their clerks, review certiorari petitions.
- It takes three votes to grant certiorari. If two or more judges are recused, only two votes are required. The vote would most likely take place in July or August.
- If the Court of Appeals denies certiorari, the State will then have 90 days to petition the Supreme Court of the United States.
- If, however, the Court of Appeals grants certiorari:
- The Court of Appeals will likely hear the case in the fall of 2018.
- The Court of Appeals will live-stream a video of its arguments.
- The opinion will be issued no later than August 31, 2019.
- The losing party will then have 90 days to petition the Supreme Court of the United States.
[*] Disclosure: I authored an amicus brief at the application-for-leave-to-appeal stage, but not at the merits stage. I am restricting my commentary in this post to the procedures for seeking further review, without commenting on the prospects for further review.