Supreme Court of Maryland Requires New Hearing in Syed Case

The Supreme Court of Maryland today issued a four-to-three opinion affirming in part the decision of the Appellate Court. Justice Biran (joined by Justices Watts, Gould, and Eaves) wrote for the four-justice majority. Justice Hotten (joined by Justices Booth and Battaglia) and Justice Booth (joined by Justices Hotten and Battaglia) authored dissents.

The Court is requiring a new hearing with adequate notice for the victim representative, Young Lee, to provide an in-person statement. At footnote 46, the Court held: “It is necessary for a different circuit court judge to preside over further proceedings on the Vacatur Motion to avoid the appearance that allowing Mr. Lee and/or his attorney to speak to the evidence at a new vacatur hearing may be a formality.” At footnote 48, the Court held that Syed will for now remain out of prison: “Although the effect of this opinion is to affirm the Appellate Court’s decision to reinstate Mr. Syed’s convictions pending further proceedings on the Vacatur Motion, we shall order no change to Mr. Syed’s conditions of release.”