3rdEyeDeuteranopia t1_je299ry wrote on March 28, 2023 at 9:51 PM

Reply to comment by hellomondays in Maryland Court of Appeals reinstates Adnan Syed's murder conviction by nowhathappenedwas

This is just vacating the last motion to vacate hearing, which was not conducted properly.

Some key notes in today's judgement:

> We note that, although CP § 8-301.1(f)(2) requires the court to “state the reasons > for” its ruling, the court did not explain its reasons for finding a Brady violation. See State v. Grafton, 255 Md. App. 128, 144 (2022) (Brady violation requires proof that: (1) the prosecutor suppressed or withheld evidence; (2) the evidence was favorable to the accused; and (3) the evidence was material). > > It did not explain how, or if, it found that the evidence was suppressed, despite the lack of affirmative evidence that the information had not been disclosed, and the statement in the motion to vacate that, “[i]f this information was indeed provided to defense,” the failure to utilize it would be ineffective assistance of counsel. > > The court also did not explain how the notes met the Brady materiality standard. Additionally, the court found that the State discovered new evidence that created a substantial likelihood of a different result, but it did not identify what evidence was newly discovered or why it created the possibility of a different result."

Also

> We note, however, that, if there is an in-chambers conference, the judge should put on the record what was discussed in chambers. See Poole v. State, 77 Md. App. 105, 120 (1988) (at the conclusion of a chambers conference, the court should announce on the record, “at a very minimum,” what was agreed to during the discussion), aff’d, 321 Md. 482 (1991).

Source: https://www.mdcourts.gov/data/opinions/cosa/2023/1291s22.pdf

WebbityWebbs t1_je2w83g wrote on March 29, 2023 at 12:37 AM

The way Brady violations are handled is shameful. If a court finds a Brady violation under Grafton, the prosecutors and cops should be going to jail. We allow cops and prosecutors to engage in criminal acts without consequence and then act shocked that they are a bunch of criminals.

3rdEyeDeuteranopia t1_je2xcr2 wrote on March 29, 2023 at 12:45 AM

Agreed, what was presented in Adnan Syed's motion to vacate is not Brady material.

Mythosaurus t1_je4kppd wrote on March 29, 2023 at 11:28 AM

It’s almost as if their “real” job is to harass and terrorize minority communities with a figleaf of deniability.

And that holding them to account with reasonable standards would break these systems and institutions that were founded with evil goals.

Trousers_MacDougal t1_je3l0sv wrote on March 29, 2023 at 3:55 AM

I commented 6 months ago on the note in the MtV stating "even if [shared with defense]...then ineffective counsel."

It was the weaseliest sentence in a weasel explosion of a document. Glad the court picked up on it as a have your cake and eat it too justification. Once we all saw the content of the note it is manifest why it would not be used in any way by the defense.