Adnan Syed Case To Go To Maryland Court Of Appeals

ANNAPOLIS, MD — The Maryland Court of Appeals will review a decision to reopen the case of Adnan Syed. He was sentenced to life in prison in 2000 for the murder of his ex-girlfriend Hae Min Lee while they were teenagers attending Woodlawn High School.

After the popular podcast "Serial" cast doubt on Syed's guilt, bringing to light unreliable cellphone data and an alibi witness never called to the stand, he filed for his case to be reviewed and a judge overturned the conviction. The Maryland Court of Special Appeals issued an opinion on March 29 stating that Syed should be granted a new trial.

Judicial officials gave notice on Thursday that the Maryland Court of Appeals will review whether this is appropriate, based on the state's petition that the conviction should stand. The case will be heard by the Maryland Court of Appeals, which is the state's supreme court, in September.

The issues that will be reviewed include the following, according to a statement from the Maryland Court of Appeals:

• Did the Court of Special Appeals err in holding that defense counsel pursuing an alibi strategy without speaking to one specific potential witness violates the Sixth Amendment’s guarantee of effective assistance of counsel?
• Did the Court of Special Appeals draw itself into conflict with Curtis v. State, 284 Md. 132 (1978), when it found that Syed waived his ineffective assistance of counsel claim based on trial counsel’s failure to challenge cell-tower location data, where the claim implicated the fundamental right to effective counsel and was therefore subject to the statutory requirement of knowing and intelligent waiver?

Syed petitioned his case and was granted an appeal in 2015. Judge Martin P. Welch vacated Syed's conviction in June 2016. However, Welch denied his request to be released on bail, saying that among other factors, he believed Syed would be a flight risk since he would face a life sentence for murder if retried.

The Maryland Court of Special Appeals in March ordered a new trial based on the violation of Syed's Sixth Amendment right, specifically the part guaranteeing "the assistance of counsel" for his defense.

To show a Sixth Amendment violation of this nature, the court must determine two requirements have been met: The attorney made errors that deem the counsel deficient, and the attorney prejudiced the defense.

Syed's attorney failed to speak with Asia (Chapman) McClain, a classmate whose testimony could have exonerated him, the Maryland Court of Special Appeals ruled. McClain swore in March 2000 and January 2015 affidavits that she had seen Syed at the Woodlawn library from approximately 2:20 to 2:40 p.m. on Jan. 13, 1999.

At trial, where McClain was never called as a witness, prosecutors said the murder took place between 2:15 and 2:45 p.m. in the area of Best Buy off Security Boulevard, about 1.5 miles from the library.

The Maryland Court of Special Appeals ruled that Syed's attorney did not do an adequate job in representing him by failing to contact the potential witness whose testimony would have called into question the state's case.

To determine he had inadequate representation, judges also had to find that Syed's attorney prejudiced the defense.

"It is our opinion that, if McClain's testimony had been presented to the jury, it would have 'alter[ed] the entire evidentiary picture,' because her testimony would have placed Syed at the Woodlawn Public Library at the time the State claimed that Syed murdered Hae," according to the March 29 opinion issued by the Maryland Court of Special Appeals.

"The Court, therefore, held that the jury was deprived of the [opportunity] to hear testimony that [would or] could have supplied 'reasonable doubt' in at least one juror's mind leading to a different outcome..." the opinion stated. "...the Court concluded that there was a reasonable probability that, but for trial counsel's deficient performance, the result of Syed's trial would have been different."

This is breaking news and will be updated.

See also:

• Adnan Syed Case Update: New Trial Ordered
• Appeal Of Adnan Syed Returns To Court
• Bail Denied to 'Serial' Star Adnan Syed
• 'Serial' Star Adnan Syed Requests Release Pending Appeal
• Judge Sets Aside Conviction Of Adnan Syed, Subject Of 'Serial' Podcast
• Witness Takes Stand in 'Serial' Murder Case
• Serial's Adnan Syed Wins Appeal

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