February 7, 2015

Podcasting gets results.

"The Maryland Court of Special Appeals has granted an appeal for Adnan Syed, the man whose murder conviction was investigated on the popular 'Serial' podcast."

8 comments:

NotWhoIUsedtoBe said...

But is it a good result?

stutefish said...

The appeal process was already under way, wasn't it? I recall Koenig saying something in one of the later episodes, about Adnan having an appeal pending.

Ann Althouse said...

"The appeal process was already under way, wasn't it?"

Yeah. I don't know the backstory on how Sarah Koenig got directed to this story. Part of the process?

mccullough said...

15 years to get to the appeal stage for a state habeas claim of ineffective assistance of counsel. What a slow court system.

JCC said...

@ mccullough -

Although there have been a number of years since the original trial and appeal on behalf of Sayed, the latest - the habeas petition just granted - was originally filed in 2010, & amended in 2011. It was denied at the lower court level in 2012. An appeal of that denial was filed in 2013, argument heard in 2014, and the appellate court just ruled.

Of course, it's quite convenient in that it alleges IAC and the counsel allegeldy ineffective is now deceased, and thus unable to respond. The sole basis considered by the appellate court for the IAC was whether the defense counsel's failure to pursue a plea bargain with the state constitutes IAC.

Beldar said...

I don't know enough of the local criminal appellate procedure to assess this report, and the NYT story tries, but in my view fails, to give the necessary contextual information.

I'd like to hear from a knowledgeable practitioner there whether and how this ruling compares, for example, to the issuance of a certificate of appealability in federal habeas corpus practice, or perhaps to the grant of discretionary review by the SCOTUS via writs of certiorari.

I can't imagine why the NYT reporters didn't pick up a phone and call a couple or three local criminal appellate lawyers to comment on that.

The Cracker Emcee Refulgent said...

Oh Jumpin' Jesus. He's guilty as sin. Liberal naifs like Koenig can manufacture hours of persiflage but it doesn't change the obvious.

stutefish said...

Ann said, "I don't know the backstory on how Sarah Koenig got directed to this story."

Koenig introduces the story in the first episode by explaining that Adnan's aunt contacted her because she used to cover the crime beat for one of Chicago's newspapers, and asked her to look into the case.