In March, the Court of Special Appeals ruled that Syed is entitled to a new trial because of ineffective counsel and his trial Attorney's failure to cross-examine a potential alibi witness.
Syed was convicted in 2000 for the murder of his ex-girlfriend and former Woodlawn High classmate, Hae Min Lee.
His case became the subject of the popular podcast 'Serial.'
Syed's Defense Attorney released a statement regarding the case.
May 14, 2018
Today the State filed a petition for writ of certiorari with the Maryland Court of Appeals. Essentially, the State is asking Maryland’s highest court to allow it to appeal — once more — the decision to grant Adnan Syed a new trial. This move by the State does not come as a surprise to us. The State is appealing the alibi issue, in which the Court of Special Appeals found that Adnan’s trial counsel was constitutionally ineffective for failing to investigate the alibi witness Asia McClain.
The flip side to the State’s latest appeal is that we can also appeal. If we choose to do so, we would file a conditional cross-petition for writ of certiorari. We would be telling the court that, if it reviews the State’s issue, we would like it to also review the cell tower issue, which was denied by the Court of Special Appeals on the grounds of waiver. We would have to file within 15 days of today.
When the judges of the Court of Appeals receive both petitions, they will vote and reach a decision as to whether they will hear either the State’s issue alone, both issues, or nothing at all. In normal cases it is difficult to get a petition for certiorari granted.
While we appreciate and respect the State’s right to keep appealing, we are eager to take the case to trial and give Adnan the fair trial he is guaranteed under the Constitution.