Monday, February 27, 2017
Today, the State filed its Brief of Appellant in the Adnan Syed case. As I noted in my post last Wednesday, my biggest question was whether the State would cite to any cases other than Maryland. v. Kulbicki on the issue of whether Cristina Gutierrez was ineffective in failing to use the AT&T disclaimer to cross-examine the State's cell tower expert. In this post, I will discuss one of the two cases that the State cited.
Wednesday, February 22, 2017
It's currently five days before the State's first brief is due in the Adnan Syed appeal. The State is appealing the portion of Judge Welch's order concluding that
Syed's trial counsel's failure to challenge the State's cell phone location data evidence, based on the cell phone provider's "disclaimer," violated Syed's Sixth Amendment right to the effective assistance of counsel.
My biggest question is whether the State will be able to cite to any case other than Maryland. v. Kulbicki to support its position. And that's because I don't think Kulbicki is especially helpful to the State's case.
Monday, February 20, 2017
Early in the first episode of "The Good Fight," Maia Rindell (Rose Leslie) asks Diane Lockhart (Christine Baranski), "Are we on the right side of this?" The two are defending Cook County in a lawsuit alleging police brutality against an African-American man. Rindell's career is just starting; Baranski's career is just ending. But when Rindell's hedge fund father is busted for facilitating a Ponzi scheme, both find themselves beginning anew at the African-American law firm they had just been fighting against. And, as the first episode makes clear, the question for both women is suggested by the series title: What does it mean to fight the good fight?
Friday, February 17, 2017
Back in November 2014, Julia Simon-Kerr, an Associate Professor at the University of Connecticut School of Law, did a series of guest posts on this blog (see here). Those posts were about one of my favorite subjects covered by the rules of evidence: impeachment, the process by which a party calls into question the credibility of a witness. Part of what makes this subject so intriguing is that it requires judgment calls over what acts of a person bear upon that person's honesty, integrity, and credibility. Is a person with a violent past less credible than a person who has never harmed a fly? And what about a history or drug abuse? Prostitution? Gambling?
Thursday, February 9, 2017
Wednesday, February 8, 2017
Monday, January 30, 2017
On Friday, Justin Brown filed an application seeking leave to appeal Judge Welch's denial of the defense's motion for release pending appeal in the Adnan Syed case. I'm in the process of finalizing the first in a series of Undisclosed episodes about a South Carolina case, so my analysis of this application will be briefer than usual.
Friday, January 20, 2017
As I noted on Wednesday, the Court of Special Appeals of Maryland (COSA) will consider five or six issue in the Adnan Syed case:
1. Did Judge Welch abuse his discretion in hearing the cell tower claim;
2. Did Adnan waive the cell tower claim;
3. If Adnan waived the cell tower claim, should the court excuse the waiver;
4. Did Judge Welch err in finding ineffective assistance of counsel on the cell tower claim;
5. Did Judge Welch err in finding no ineffective assistance/prejudice on the Asia/alibi claim; and
6. Did Judge Welch err in not doing a cumulative prejudice analysis?
If we're operating under the assumption that the Court of Appeals of Maryland (Maryland's highest court) will allow the losing party to appeal COSA's opinion, then COSA's opinion on issues #1 and #3 might be he most important. Why?
Thursday, January 19, 2017
In yesterday's Undisclosed episode, we noted how the defense team filed an application for writ of habeas corpus in the Joey Watkins case. We also noted how, amazingly, the case that most strongly supports Joey's appeal is actually another Georgia case by the name of Watkins v. State. We discussed this case a bit in the episode, but I thought I'd flesh out that discussion in this post (Note: don't read past the fold if you haven't yet listened to the episode).
Wednesday, January 18, 2017
Today, the Court of Special Appeals of Maryland issued an order that mainly did two things:
(1) granted the State leave to appeal the portion of Judge Martin Welch's order granting Adnan Syed a new trial based upon his cell tower/ineffective assistance of counsel claim; and
(2) granted the defense cross-leave to appeal the portion of Judge Welch's order denying Adnan a new trial based upon his alibi/ineffective assistance claim.
So, what does all this mean?
Tuesday, January 10, 2017
Friday, January 6, 2017
Wednesday, January 4, 2017
Friday, December 30, 2016
One portion of Judge Welch's opinion that has caught the eyes and ears of readers and listeners is this one:
The circuit court finds that the nature and circumstances of the offenses are the most serious in nature and there still is compelling evidence against Petitioner.[FN5]
FN5 Although the State characterizes the cell phone evidence against Petitioner as strong, the circuit court notes that this evidence was the basis of the circuit court's grant of post-conviction relief and likely would be offered and attacked differently at a new trial.
So, what should we take away from Judge Welch's statement that "there still is compelling evidence against Petitioner"?
Thursday, December 29, 2016
Today, Judge Welch issued a Memorandum Opinion denying Adnan Syed's motion for release pending the State's appeal of Judge Welch's prior opinion granting Adnan a new trial. As I've noted before, this was the likeliest result, but there were also aspects of Judge Welch's opinion that are promising in terms of Adnan's future chances of release pending (re)trial.
Wednesday, December 28, 2016
Tuesday, December 27, 2016
Thursday, December 22, 2016
Tuesday, December 20, 2016
Monday, December 19, 2016