4.2 • 10.3K Ratings
🗓️ 3 April 2018
⏱️ 66 minutes
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April 3, 2018 / Rabia, Susan, and Colin discuss and analyze the 138 page decision issued by the MD Court of Special Appeals last week in the Adnan Syed Case.
Episode scoring music by Animal Weapon, Blue Dot Sessions.
This episode was sponsored by Third Love, Netflix, and Marcia Clark Investigates The First 48.
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0:00.0 | Okay, everyone ready? |
0:24.2 | So let me, obviously, we, we are thrilled and I'm going to be honest, I have not read |
0:30.4 | the full opinion. |
0:31.5 | It's about 130 pages total, and I've only skimmed it, so, let's, I can't go into too much detail about it. |
0:40.3 | But the short of it is that we won on the alibi issue and the other issue, the cell tower issue was reversed. |
0:52.3 | So at the circuit court, we had won the cell tower issue and |
0:56.6 | lost the alibi issue, but it was essentially a flip-flop. The Court of Special Appeals reversed |
1:03.3 | the circuit court on both issues. That was attorney Justin Brown during a press conference on the afternoon of Thursday, March 29th, |
1:14.6 | when the Court of Special Appeals of Maryland issued its opinion in the Adnan-Said case. |
1:18.6 | Approximately nine and a half months after oral arguments and 21 months after Judge Welch issued his opinion granting Adnan a new trial, |
1:25.6 | the Court of Special Appeals, or COSA, issued |
1:28.2 | 138 page 2 to 1 split decision. |
1:32.1 | COSA affirmed Judge Welch's opinion that Adnan is entitled to a new trial, but it reversed |
1:36.9 | his reasoning. |
1:38.6 | Specifically, Chief Judge Woodward and Judge Wright concluded that Adnan received ineffective |
1:43.0 | assistance of counsel based on trial counsel Christina Gutierrez's failure to contact alibi witness Asia McLean, |
1:49.5 | but that Adnan had waived the issue of whether Gutierrez was ineffective based on her failure |
1:53.4 | to use the AT&T disclaimer about incoming phone calls to challenge the Lincoln Park Kings. |
1:59.1 | It was a long opinion, 105 pages for the majority opinion, |
2:03.3 | and 23 pages for the dissent by Judge Graff. In this episode, we're going to break down each |
2:09.0 | part of the majority opinion and dissenting opinion and let you know what it means for Adnan |
2:12.9 | going forward. Hi and welcome to Undisclosed. This is a special bonus episode for the update in the |
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