Thursday, May 25, 2023
Adnan Syed’s lawyer appeals to Maryland Supreme Court
Adnan Syed’s lawyer asked Maryland’s highest court on Wednesday to overturn a lower court’s ruling that reinstated his murder conviction from more than two decades ago — after he was freed last year in a legal case that gained international attention from the hit podcast “Serial.”
Syed’s lawyer also is asking the court to prevent her client from being incarcerated while the Supreme Court of Maryland’s review is pending
“He is grateful that the victim’s representative and Attorney General have consented to the stay,” a statement from the Maryland public defender’s office said while announcing the court filings. “Reincarcerating Adnan would be devastating for him and his family and would be an affront to justice.”
Syed’s counsel filed a petition that asks the state’s highest court to review several legal issues raised by the victim’s family, who contended they were not given enough notice to testify at a court hearing.
The legal issues include whether former Baltimore State’s Attorney Marilyn Mosby’s decision to dismiss the charges against Syed last year made the family’s court challenge moot. The issues also include whether attendance on Zoom satisfied the right of the victim’s representative to attend the hearing and whether the notice of the hearing was sufficient.
Syed’s lawyer also is asking the court to consider whether the Appellate Court of Maryland’s reversal is appropriate without showing that the result of the hearing that decided his release would have been different.
“Adnan’s innocence is not at issue, but his rights as a defendant and freedom as an exoneree are directly impacted by the Appellate Court of Maryland’s decision,” said Erica Suter, Syed’s lawyer, in a statement.
Suter said the issues raised in the case “have broader implications for our entire legal system, most notably the authority of the State to dismiss a case, the role of victims’ representatives in proceedings to redress unjust convictions, and the restrictions placed on judges’ discretion to utilize remote communication services like Zoom.”
Monday, May 15, 2023
PA mail-in voting law gets beaten up on GOP campaign trail
Election integrity and Pennsylvania’s mail-in voting law are prominent subjects in the state’s Republican primary contest for an open state Supreme Court seat, as Donald Trump continues to baselessly claim that the 2020 election was stolen.
This year, two GOP primary rivals for the state Supreme Court seat in Tuesday’s primary election are signaling their disapproval of Pennsylvania’s expansive mail-in voting law.
In one appearance last month, Carolyn Carluccio, a Montgomery County judge, called the mail-in voting law “bad” for the state and for faith in elections. She suggested elections are too “secretive” and promised that if the law comes before the high court “I’m going to be happy to take a look at it.”
Meanwhile, Patricia McCullough, a judge on the statewide Commonwealth Court, repeatedly highlights her rulings in election-related cases, including voting to throw out the mail-in voting law.
“Election integrity, that seems to be like the most important issue to the people right now,” McCullough told an interviewer on public access television in Erie last month.
Both parties will pick a high court nominee to run in November’s general election. The state’s highest court currently has four justices elected as Democrats and two as Republicans. The seat is open following the death of Chief Justice Max Baer last fall.
Allegations about election fraud and opposition to Pennsylvania’s mail-in voting law have persisted in Republican primaries in 2021 and 2022, demonstrating just how influential Trump’s extreme and baseless election claims are to the GOP campaign trail.
In last year’s governor’s race, for instance, every candidate in the GOP’s nine-person field vowed to repeal the 2019 law that established no-excuse mail-in voting in Pennsylvania.
A third Republican-backed challenge to the mail-in voting law is pending in state courts, while Republicans have repeatedly gone to court to try to ensure that ballots cast by legal, eligible voters are thrown out for technical errors, like a missing envelope, signature or date.
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