Maryland Supreme Court has scrutinised a hearing last year that vacated Adnan Syed’s murder conviction and released him after 23 years behind bars, as the victim’s family said they were not given adequate opportunity to take part in the proceedings.
However, in March, the Appellate Court of Maryland ordered a new hearing. The court said the victim’s family did not receive adequate notice to attend the hearing in person, violating their right to be “treated with dignity and respect”. He said the issue was whether the rights of Hae Min Lee’s brother, Young Lee, were violated when a judge vacated Mr Syed’s conviction without conducting a substantive hearing where victims were allowed to challenge the evidence presented.The process of vacating a conviction is extraordinary “in that it aligns the interests of the defendant and the state”, Mr Rubin said, arguing that victims and their lawyers should fulfil an adversarial role in such proceedings.
The case could also have significant consequences for victims’ rights. Although the appellate court ruled that Ms Lee’s brother did not get sufficient notice to attend the hearing that vacated Mr Syed’s conviction, the court also said state law does not guarantee crime victims a “right to be heard” during such hearings.
“Mr Lee was heard, and his counsel was heard, and it did not influence Judge Phinn’s decision,” she said.
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