Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Maryland opinions name it 2 courts 2018–2019 0 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Syed v. Stategreen2 sentences2019In my view, the answer is a resounding "yes." In conclusion, I completely agree with Judge Graeff that "a review of the record as a whole indicates possible reasons why [Syed's] trial counsel reasonably could have concluded that pursuing [ ] McClain's purported alibi, which was known to [Syed's] trial counsel, could have been more harmful than helpful to Syed's defense." Syed , 236 Md. 2019In my view, the answer is a resounding “yes.” In conclusion, I completely agree with Judge Graeff that “a review of the record as a whole indicates possible reasons why [Syed’s] trial counsel reasonably could have concluded that pursuing [] McClain’s purported alibi, which was known to [Syed’s] trial counsel, could have been more harmful than helpful to Syed’s defense.” Syed, 236 Md. App. at 297 , 181 A.3d at 925 (Graeff, J., dissenting). | 2 | 2 |
William Grooms v. Herman Solem, Warden of the South Dakota State Penitentiarygreen2 sentences2018See Grooms, 923 F.2d at 90 . 2018See Grooms , 923 F.2d at 90 . | 2 | 2 |
Avery v. Prelesnikgreen1 sentence2018In Griffin , the Fourth Circuit stated that the failure of defense counsel to "even talk to [the alibi witness]" "deprived him of the opportunity to even make a tactical decision about putting [the alibi witness] on the stand." 970 F.2d at 1358 ; see Avery , 548 F.3d at 438 (stating that it was "impossible for [defense counsel] to have made a 'strategic choice' not to have *273 [the two alibi witnesses] testify because he had no idea what they would have said"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weaver v. State
green
2 sentences2019Undated notes from Syed's defense file state: "Asia + boy[ ]friend saw him in Library 2:15 - 3:15[.]" Notes from Syed's defense file dated July 13, 1999 state: "Asia McClain - saw him in the library @ 3:00[.]" Immediately below that, the following language appears: "Asia boyfriend saw him too[.]" Under these circumstances, like the defendant's trial counsel in Weaver , 114 P.3d at 1044 , Syed's trial counsel "knew the possible accounts of exculpatory testimony that may have been solicited from" a potential alibi witness. 2019Undated notes from Syed’s defense file state: “Asia + boy[]friend saw him in Library 2:15 - 3:15[.]” Notes from Syed’s defense file dated July 13, 1999 state: “Asia McClain → saw him in the library @ 3:00[.]” Immediately below that, the following language appears: “Asia boyfriend saw him too[.]” Under these circumstances, like the defendant’s trial counsel in Weaver, 114 P.3d at 1044 , Syed’s trial counsel “knew the possible accounts of exculpatory testimony that may have been solicited from” a potential alibi witness. | 2 | 2019–2019 |
Strickland v. Washington
green
2 sentences2018Trial counsel's deficient performance prejudiced Syed's defense, because, but for *919 trial counsel's failure to investigate, there is a reasonable probability that *286 McClain's alibi testimony would have raised a reasonable doubt in the mind of at least one juror about Syed's involvement in Hae's murder, and thus "the result of the proceedings would have been different." Id. at 694 , 104 S.Ct. 2052 . 2018Trial counsel's deficient performance prejudiced Syed's defense, because, but for *919 trial counsel's failure to investigate, there is a reasonable probability that *286 McClain's alibi testimony would have raised a reasonable doubt in the mind of at least one juror about Syed's involvement in Hae's murder, and thus "the result of the proceedings would have been different." Id. at 694 , 104 S.Ct. 2052 . | 2 | 2018–2018 |
Donald G. Griffin v. Warden, Maryland Correctional Adjustment Center Attorney General of the State of Maryland
green
2 sentences2018In Griffin , the Fourth Circuit stated that the failure of defense counsel to "even talk to [the alibi witness]" "deprived him of the opportunity to even make a tactical decision about putting [the alibi witness] on the stand." 970 F.2d at 1358 ; see Avery , 548 F.3d at 438 (stating that it was "impossible for [defense counsel] to have made a 'strategic choice' not to have *273 [the two alibi witnesses] testify because he had no idea what they would have said"). 2018In such a situation, we must guard against "the distorting effects of hindsight," id. at 689 , 104 S.Ct. 2052 , or to "conjure up tactical decisions an attorney could have made, but plainly did not." Griffin , 970 F.2d at 1358 . | 2 | 2018–2018 |
Doe v. Department of Public Safety & Correctional Services
green
2 sentences2019Petitioner argues that sex offender registration is a direct consequence of a plea, citing Doe v. Department of Public Safety & Correctional Services , 430 Md. 535 , 62 A.3d 123 (2013), and thus he was required to be advised of it for his plea to be intelligent and knowing. 2019Petitioner argues that sex offender registration is a direct consequence of a plea, citing Doe v. Department of Public Safety & Correctional Services , 430 Md. 535 , 62 A.3d 123 (2013), and thus he was required to be advised of it for his plea to be intelligent and knowing. | 1 | 2019–2019 |