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Editor: Colin Miller

Explaining the State’s Latest Filing in the Adnan Syed Appeal

By Colin Miller

As reported by Justin Fenton reported yesterday,

Maryland’s attorney general intends to fight the ruling that granted a new trial for “Serial” podcast subject Adnan Syed, according to a document filed last week in the case.

The state formally notified the court of its intentions Thursday and asked that any new trial proceedings be halted as that process plays out. An appeal could push the possibility of a retrial back several months or longer, experts have said.

A spokeswoman for the attorney general’s office declined to comment on the new filing, which is not the appeal itself. The office had previously hinted at its intent to appeal and has until next Monday to file it.

So, what does this mean?

Applications for Leave to Appeal are governed by Section 7-109 of Maryland’s Uniform Postconviction Procedure Act. Section 7-109 states the following in pertinent part:

§ 7-109. Appeal of final order

(a) Application. — Within 30 days after the court passes an order in accordance with this subtitle, a person aggrieved by the order, including the Attorney General and a State’s Attorney, may apply to the Court of Special Appeals for leave to appeal the order.

(b) Appeal procedure. —

(1) The application for leave to appeal shall be in the form set by the Maryland Rules.

(2) If the Attorney General or a State’s Attorney states an intention to file an application for an appeal under this section, the court may:

(i) stay the order; and

(ii) set bail for the petitioner.

So, what the State filed on Thursday was not an Application for Leave to Appeal (ALA) under Section 7-109(a). Instead, it was, pursuant to Section 7-109(b)(2), a notice of an intention to file an ALA. What this means is that the court may “stay the order” by Judge Welch granting Adnan a new trial and “set bail for the petitioner,” i.e. Adnan. 

Practically, though, this really doesn’t change anything. The State still has to file an ALA by next Monday, August 1st, and I doubt that the court will set (or deny) bail for Adnan until the State files (or doesn’t file) its ALA.

-CM