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

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

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.