My Sixth Post on the Oral Arguments in the Adnan Syed Case: Crunching the Numbers

December 4, 2018

This is my sixth post on last Thursday’s oral arguments in the Adnan Syed case. This one is on the current panel of judges on the Court of Appeals of Maryland. This post will address two questions: (1) How often has the current panel ruled in favor of the defendant and the State in cases in which there is a dissenting opinion; and (2) how many times has each individual judge ruled in favor of the defendant and the State in such cases? In other words, how does the court rule in “close call” cases?

Since the current panel of judges starting hearing cases together in March 2017, I count FOURTEEN criminal cases with dissenting opinions. In NINE of those cases, the judges gave the defendant relief:

–Devincentz, Jr. v. State

–Fallin v. State

–Burnside v. State

–Kranz v. State

–State v. Brookman & State v. Carnes

–Green v. State

–Porter v. State

–State v. Baker

–Norman v. State

Meanwhile, in FIVE of those cases, the judges denied the defendant relief:

–State v. Johnson

–Johnson v. State

–Sizer v. State

–Newton v. State

–State v. Copes

Next, how often did each individual judge rule in favor of the defense and the State in each of these cases?

Honorable Mary Ellen Barbera: 7 in favor of the defense; 7 in favor of the State;

Honorable Clayton Greene Jr.: 8 in favor of the defense; 6 in favor of the State;

Honorable Robert N. McDonald: 6 in favor of the defense; 8 in favor of the State;

Honorable Shirley M. Watts: 6 in favor of the defense; 8 in favor of the State;

Honorable Michele D. Hotten: 10 in favor of the defense; 4 in favor of the State;

Honorable Joseph M. Getty: 6 in favor of the defense; 8 in favor of the State; and

Honorable Sally D. Adkins: 11 in favor of the defense; 3 in favor of the State

-CM