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

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

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.