'Serial' subject Adnan Syed appeals allowed to move forward, attorney says


    According to an attorney for Adnan Syed, Maryland's Court of Special Appeals will allow both sides' appeals to go forward in his case. (WBFF)

    BALTIMORE (WBFF) -- According to an attorney for Adnan Syed, Maryland's Court of Special Appeals will allow both sides' appeals to go forward in his case.

    The news was announced by Justin Brown on Wednesday morning.

    "We're disappointed this will get dragged out longer," Brown wrote in a tweet. "But we're confident Adnan will eventually get the new trial he deserves."

    The 35-year-old is serving a life sentence, after being convicted in 2000 of killing his former girlfriend, Hae Min Lee. The case gained national notoriety when it became the subject of popular podcast, Serial, in 2014.

    His murder conviction was vacated in June, but the Baltimore City Circuit Judge denied a motion for Syed to be released on bail.

    "The circuit court finds that Petitioner poses a risk of failing to appear at a new trial based upon the potential of being convicted a second time and the likelihood of a life sentence being re-imposed," the opinion read.

    According to the order, released Wednesday, the appeal will focus on cell phone location data evidence and the alibi witness issue.

    The state's application for appeal was granted for the following issues;

    1. Whether the post-conviction court abused its discretion in re-opening the post-conviction proceeding to consider Syed's claim that his trial counsel's failure to challenge the reliability of the cell phone location data evidence, based on the cell phone provider's "disclaimer" about the unreliability of incoming calls for locations purposes, violated Syed's Sixth Amendment right to the effective assistance of counsel.
    2. Whether the post-conviction court erred in finding that Syed had not waived his claim regarding trial counsel's failure to challenge the reliability of the cell phone location data for incoming calls by failing to raise it earlier.
    3. Whether the post-conviction court erred in finding 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.


    Syed's conditional application for cross-appeal was granted for the following issues;

    1. Whether the post-conviction court erred in finding that Syed's trial counsel's failure to investigate a potential alibi witness (Asia McClain) did not violate Syed's Sixth Amendment right to the effective assistance of counsel.
    2. Whether the post-conviction court incorrectly limited its prejudice analysis on the alibi witness issue to the effect of trial counsel's failure to investigate that witness, rather than consider prejudice based on the cumulative effect of that error in combination with all the attorney errors alleged in this consolidated appeal.

    [APP USERS: CLICK HERE to see the Jan. 18 order]

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