Friday, April 19, 2019
Today, the Court of Appeals of Maryland denied the defense's Motion for Reconsideration in the Adnan Syed case today:
This was not surprising. As I've noted, even though the Motion made compelling arguments, the Court of Appeals was under no obligation to consider them...and Adnan needed two justices who ruled against him to agree to reconsider their decision.
So, what's next? The defense has 90 days to file a petition for writ of certiorari with the United States Supreme Court. It takes four of the nine Justices for certiorari to be granted, and the odds are again stacked against the defense: "Of the 7,000 to 8,000 cert petitions filed each term, the court grants certiorari and hears oral argument in only about 80."
That said, there is some precedent for the Supreme Court granting cert in an ineffective assistance of counsel case out of Maryland, and it's actually a case that's been used in the Adnan Syed case: Maryland v. Kulbicki.