1. There was a dissent in the Court of Special Appeals (COSA)
2. COSA opinion was reported, and therefore precedential in future cases
3. State would be the petitioner
4. Case is high-profile & interesting /4/
The State has two options. It can retry Syed using what it has characterized as “overwhelming evidence. Or it can try to get COSA case reversed. /9/
Most focus is on Chief Judge Woodward’s majority opinion and Judge Graeff’s dissent. I’ll focus on the swing vote, Judge Wright. /21/
The dissent focuses solely on whether Syed met his burden of showing deficient performance, ie, non-strategic failure to contact alibi. No dispute that, if deficient, there was prejudice.
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scholar.google.com/scholar_case?c…
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But the State is on record that, where relevant, it is appropriate to take judicial notice of the circumstances of the bar complaints against Gutierrez & her disbarment. /51/
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