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.
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/