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Potentially HUGE news for Adnan Syed. Court of Special Appeals of Maryland orders the circuit court to issue a writ of actual innocence in the James Kulbicki case: courts.state.md.us/sites/default/…
Kulbicki's case, you might recall, is the main (only?) case that the State/Thiru Vignarajah used to argue against Adnan's cell tower claim.
In Kulbicki, the Court of Appeals of Maryland granted Kulbicki a new trial, finding that his trial counsel was ineffective in failing to question the State's experts about flaws w/Comparative Bullet Lead Analysis.
The United States Supreme Court, however, reversed, finding that there was not deficient performance by trial counsel.
Kulbicki then filed a petition for writ of actual innocence in circuit court in Maryland, arguing that the Comparative Bullet Lead Analysis used to convict him was still fatally flawed.
The circuit court disagreed, but now the Court of Special Appeals has now agreed w/Kulbick and remanded w/directions to enter a writ of actual innocence: courts.state.md.us/sites/default/…
This *should* help Adnan w/his cell tower claim, whether brought as part of a petition for writ of actual innocence or as part of a motion to reopen his postconviction proceeding, but...
I have to imagine the State appeals, and given recent opinions by the Court of Appeals of Maryland, Kulbicki's case could be reversed again. But, for now, this is a win.
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