CALL 205.538.3340

The Law Office of J.D. Lloyd Logo

AfterTheTrial.com... Because There’s Hope After the Trial

BLOG

After The Trial Blog

The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Adnan Syed of "Serial" Granted New Trial

J.D. Lloyd - Thursday, March 29, 2018


(Image Credit: Getty Images)

 

In the ongoing case of Adnan Syed, made famous by NPR's "Serial" podcast, the Maryland Court of Special Appeals has ruled in Adnan's favor and has ordered that he be granted a new trial. In a long decision, the Court determined that Adnan's trial counsel was constitutionally ineffective for failing to investigate Asia McClain, a witness who purportedly could have provided Adnan with a crucial alibi for the window of time he was allegedly killing Hae Min Lee in a Best Buy parking lot.

 

 

The case was on appeal by both Adnan and the State of Maryland. In the Baltimore City Circuit Court, Adnan had been granted a new trial based upon counsel's failure to question the State's cell phone tower data expert about a warning on a fax cover sheet to the data that warned about the data's unreliability. The circuit court had rejected the claim that counsel was ineffective for failing to investigate Asia. Both sides appealed their adverse rulings.

 

And both sides won. The Court of Special Appeals reached the opposite conclusions than that of the Baltimore City Circuit Court. The Court found the circuit court was wrong to grant Adnan relief on the fax cover sheet issue, but was also wrong to deny relief based on counsel's failure to investigate Asia's alibi. The Court explained:
 
McClain’s testimony, if believed by the trier of fact, would have made it impossible for Syed to have murdered Hae. Trial counsel’s deficient performance prejudiced Syed’s defense, because, but for trial counsel’s failure to investigate, there is a reasonable probability that McClain’s alibi testimony would have raised a reasonable doubt in the mind of at least one juror about Syed’s involvement Hae’s murder, and thus “the result of the proceedings would have been different."

 

When you're complaining that your trial counsel screwed up and denied you your Sixth Amendment right to effective representation, you have to show two things: (1) that some error occurred, and (2) that the error prejudiced you in a way that calls the results of the case into question. You have to show a "reasonable probability" that the results of trial would have been different. You don't have to prove innocence (it helps), but you've got to show more than just "this hurt my case." Here, it's easy to see how a jury could have believed an alibi about Adnan's whereabouts. There was no definitive evidence about where he was -- just circumstantial evidence that was dubious.

 

I don't practice in Maryland and am not well-versed in Maryland appellate procedure, but it looks like the State (or Adnan) might ask a higher court -- the Maryland Court of Appeals -- to review the decision. It doesn't look like either side has a right to appeal to this court and would have to ask for that court to review.

 

Like you, I'm anxiously awaiting a Sarah Koenig update...

 


Recent Posts


Tags

homicide rate forced isolation underage drinking npr brian fredick lucas tuscaloosa alabama jerry bohannon state of alabama rainbow city alabama apprendi v new jersey Mike Hubbard criminal justice social media operation bullseye lamar county concealed carry talladega superspeedway Alabaster alabama murder SCOTUS, 28 U.S.C. § 2254 Woods v State endangerment of a child south carolina Alonzo Ephraim Guy Terrell Junior fairfield alabama, heflin alabama sarah koenig trussville alabama domestic abuse Stephen Breyer § 13A-3-23(d) immunity hearing drug trafficking, beylund v north dakota ring v arizona st clair county alabama christmas shooting anniston alabama, negligent homicide lethal injection john earle redfearn IV v state Hillary Clinton, Malone v State public assistance fraud eighth amendment, unlawful manufacturing pelham alabama huntsville brendan dassey, steve avery, making a murderer, scotus, netflix drug possession, Wesley Adam Whitworth judicial override constitutional violations christian guitierez shoplifting ferguson missouri animal cruelty calhoun county alabama warrantless blood draws mcwilliams v dunn Ingmire v State moving violations aziz sayyed adnan syed, pell city alabama debit card skimming scams hall v florida fort payne alabama Justice Sotomayor Shonda Walker, narcotics investigation West Alabama § 13A-3-23 hanceville alabama shooting death economic growth abuse mount olive alabama embezzlement utah v strieff illegal gambling midazolam stoves v state benjamin todd acton parole utah supreme court ake v oklahoma eleventh circuit ruling gun rights asia mcclain stanley brent chapman New York Times bessemer alabama fraudulent checks debtor prison Kay Ivey implied consent Marengo County Alabama executions Samuel Alito betton v state bomb threat fourth amendment edwards v arizona alfonso morris lauderdale county alabama baltimore city circuit court alabama criminal law roundup breaking and entering kidnapping criminal justice reform, pruitt v state dothan alabama Jefferson County Alabama arson ex parte briseno department of justice, netflix limestone county alabama oneonta alabama tarrant alabama Rule 32 brady v maryland Xavier Beasley birmingham alabama Sardis Alabama US Supreme Court Update cullman alabama morris alabama drug crimes peyton pruitt identity theft crime of passion drug activity shooting terell corey mcmullin robberies drug busts hoax destructive devices battles v state Adamsville alabama second amendment bailey v us florence alabama Eutaw Alabama cherokee county alabama Briarwood Presbyterian Church department of justice baldwin county alabama drug seizure Tracie Todd huntsville alabama felony assaults death penalty, strickland v washington mountain brook alabama avondale alabama the mannequin challenge capital punishment mike gilotti sixth amendment illegal gun carry theft lethal injection drugs alabama supreme court Pleasant Grove Alabama moore v texas adger alabama Benn v State legende v state alabama fake kidnapping, brendan dassey mulga alabama albertville alabama dora alabama 2016 election, armed robbery death penalty levins v state habeas corpus relief court systems, court of criminal appeal releases theft of property clarence thomas court of criminal appeals minor offenses brookside alabama sheffield v state OJ Simpson Made in America Thomas Hardiman sexual assault keith v state bernard v north dakota gadsden alabama gun control Dylann Roof Walker County Alabama nathan woods fraud heritage christian university alabama law enforcement agency abandonment Gardendale Alabama steve avery domestic violence Tommy Arthur operation crackdown CCA update car accident banville v state LWOP kimberly alabama mccalla alabama William Pryor greene county alabama criminal mischief fultondale alabama Donald Trump, home repair fraud russell calhoun road rage drug smuggling Lucky D Arcade montgomery alabama hurst v florida Neil Gorsuch madison alabama kenneth eugene billups self defense editorial eric sterling church robberies warrior alabama sentencing law and policy blog summaries assault Kareem Dacar Gaymon dekalb county alabama boaz alabama pinson alabama hurst mandamus towles v state Easter maryland court of special appeals smith v state constitutional law, Etowah County Alabama, mobile alabama shelby county attempted murder hoover alabama homicide aiding and abetting blount county alabama foley alabama capital offenses OJ Simpson eugene lee jones v state Fentanyl Glaze v State capital murder springville alabama birchfield v north dakota burglary morgan county alabama making a murderer state of arizona serial nicholas hawkins prostitution sting Joshua Reese abduction street racing scotus texas marion county campbell v state blountsville alabama decatur alabama

Archive

DISCLAIMER

These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among  other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Get Free Legal Advice  Contact us for a complimentary legal consultation

I am interested in scheduling a free legal consultation and receiving additional information.

Submitting Form...

The server encountered an error.

Thank you, your  entry has been  received.

© 2017 The Law Office of J.D. Lloyd, LLC. All Rights Reserved. |

 

As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.