An Appellate Court ruled the state’s law provides victims with the right to notice of the hearing on a motion to vacate convictions, but that didn't happen in this case.
FILE - Adnan Syed, center right, leaves the courthouse after a hearing on Sept. 19, 2022, in Baltimore. ANNAPOLIS, Md. — A Maryland court did not give the family of the murder victim in the case chronicled in the hit podcast “Serial” enough time to attend a court hearing in person that led toThough Syed’s conviction has been reinstated, he will not be taken back into custody.
In a 2-1 decision, the Appellate Court of Maryland ruled the state’s law provides victims with the right to prior notice of the hearing on a motion to vacate convictions, and that right was violated in the case of the family of Hae Min Lee, Syed’s ex-girlfriend and high school classmate who died more than two decades ago.
The court ruled that giving her brother, Young Lee, only one business day before the hearing was “insufficient time to reasonably allow Mr. Lee, who lived in California, to attend the hearing in person,” and required him to attend the hearing remotely.
The court ruled it is obligated to remedy the lower court’s violations, “as long we can do so without violating Mr. Syed’s right to be free from double jeopardy.” “We can do that, and accordingly, we vacate the circuit court’s order vacating Mr. Syed’s convictions, which results in the reinstatement of the original convictions and sentence,” the ruling said. “We remand for a new, legally compliant and transparent hearing on the motion to vacate, whereto allow him to attend in person, evidence supporting the motion to vacate is presented, and the court states its reasons in support of its decision.
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