Adnan Syed’s Convictions Reinstated for the Victims’ Right to Attend in Person
The Serial continues. On March 28, 2023, the Appellate Court of Maryland reinstated Adnan Syed’s convictions and sentence to life in prison plus 30 years, because it found that the trial court violated the victim’s right to notice of, and his right to attend, the hearing on the State’s motion to vacate, in violation of Criminal Procedure § 8-301.1(d) (Lee v. State, et al, No. 1291, September Term 2022, Opinion by Hon. Kathryn Graeff).
The Appellate Court found that, although the victim’s representative, Young Lee, did attend the vacatur hearing virtually, and had no right to be heard, he had the right to receive notice sufficient to allow him to attend in person. The Court further found that the subsequent entry of a nolle prosequi did not render this appeal moot because it was a nullity.
The Lee decision is the first time that the ACM expands the Court’s control over a nolle prosequi entered by the State in favor of a victim’s rights, and to the defendant’s detriment. The dissent (Hon. Stuart Berger), disagrees with the majority in two ways. First, Judge Berger would have held that the appeal was moot, and second, that the victim’s rights to notice and to be present were not violated.
Read More…July 2018 Maryland Certiorari Grants Include State v. Adnan Syed
The Court of Appeals today posted six certiorari grants, including in the high-profile State v. Adnan Syed appeal. The grants, with questions presented and links to the Court of Special Appeals decisions under review, follow the jump. Read More…
Adnan Syed entitled to new trial, Court of Special Appeals affirms. What’s next?
By Steve Klepper (Twitter: @MDAppeal)[*]
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? Read More…
Adnan Syed and How to Solve the Court of Special Appeals Public-Access Problem
By Michael Wein
The Maryland judiciary website posted last Wednesday about the Syed case guidelines for the public and news media interested in attending oral arguments. As noted in the detailed order by new Chief Judge Patrick Woodward, oral arguments are being held in Courtroom 1 on the second floor of the Courts of Appeal Building in Annapolis (the larger of the two courtrooms regularly used by the Court of Special Appeals). Courthouse security is taking significant protections against recording devices, and limited seating is being provided to the public and media.
This post is not about the Syed case, specifically. But the circumstances of the Syed oral arguments expose a lack of proper public access to any of the intermediate appellate court’s oral arguments, in noted contrast with the Court of Appeals.[1] Syed is quite obviously a highlighted, media-interest case, which poses an opportunity to discuss what procedures Maryland’s intermediate appellate court should consider, in at least the future, to accommodate public interest in specific, important oral arguments.
A new Supreme Court decision could affect State v. Syed
By Steve Klepper (Twitter: @MDAppeal)
At times, the attorneys’ arguments in the February 2016 hearing in State v. Syed followed a familiar script on the question of prejudice – that is, whether facts that previously didn’t make it into the record would have made a difference. Read More…
A Few Thoughts on Adnan Syed’s Opening Brief
By Steve Klepper (Twitter: @MDAppeal)
[Update: A reader, David Lease, pointed out to me the 4-3 decision in Stachowski v State, 416 Md. 276(2010), which appears to negate the possibility of bypass. Thanks to David and boo to Stachowski .]
I had a chance today to read Adnan Syed’s opening brief, filed Monday in the Court of Special Appeals. I have two quick thoughts. Read More…
Maryland Appellate Blog 