The Lee Family’s Motion to Vacate a Circuit Court’s Determination of a teen’s Right and the Lee’s Hearing

Attorneys representing the brother of Hae Min Lee, the teenager whose 1999 killing was investigated on the hit podcast “Serial,” requested a redo of the hearing in which a judge vacated the murder conviction of Adnan Syed.

Syed had been accused of killing the teen and served more than 20 years in prison before his release in September. The decision to vacate the conviction came nearly eight years later, after doubts were raised about the conviction and Syed’s legal representation.

The Court has the power and obligation to remedy any violations if they can not be done without violating Mr. Syed’s right.

The documents allege the court failed to give the brother adequate notice about the hearing, withheld evidence from the family, and did not give him a proper chance to be heard at the proceedings.

“Mr. Lee of course does not want to see a wrongly convicted man imprisoned, but it does no one justice for the court to make such pivotal decisions without the facts,” Steve Kelly, the attorney representing the Lee family, told CNN in a statement.

“We can do that, and accordingly, we vacate the circuit court’s order vacating Mr. Syed’s convictions, which results in the reinstatement of the original convictions and sentence,” the ruling said. We’ve ordered a new hearing, in which Mr. Lee will be able to attend in person, because of the fact that evidence supports the motion to vacate.

In regard to the Lee’s family being properly notified, attorney Suter disagreed with the nature of the appeal.

The court states its reasons in support of the motion to vacate, and notice of the hearing is given which allows Mr. Lee to attend in person.

“We are equally pleased that the Appellate Court is directing the lower court to conduct a transparent hearing where the evidence will be presented in open court and the court’s decision will be based on evidence for the world to see,” Sanford told CNN in a statement.

Suter said that the appeal is meaningless and that Mr. Lee attendance over Zoom was sufficient.

The Baltimore City Circuit Circuit Court ruled that the Maryland appellate court cannot vacate Adnan Syed, the murder victim of “Serial”

“There is no basis for re-traumatizing Adnan by returning him to the status of a convicted felon. The lawyer said that Adnan was a free man at the moment.

We are still optimistic that justice will be done. “We intend to seek review in Maryland’s highest court, the Supreme Court of Maryland, and will continue to fight until Adnan’s convictions are fully vacated.”

In explaining her decision to vacate, Baltimore City Circuit Judge Melissa Phinn cited material in the state investigation ​that was not properly turned over to defense attorneys, as well as ​the existence of two suspects ​who may have been improperly cleared as part of the investigation.

The family attorney told Maryland’s appellate court last month that the prosecutors failed to fulfill their duties before the September decision to exonerate Syed.

ANNAPOLIS, Md. — A Maryland court did not give the family of the murder victim in the case chronicled in the hit podcast “Serial” enough time to attend a court hearing in person that led to Adnan Syed’s release, a Maryland appellate court ruled Tuesday, and it ordered a new hearing to be held.

It was decided by the court that because Young Lee lived in California, he couldn’t be with her in person for the hearing.

When a victim requests to attend a court proceeding in person, that is consistent with the requirement that they be treated with dignity and respect, said the court.

The court determined that they are obligated to fix the lower court’s violations, “as long as we can do so without violating Mr. Syed’s right to be free from double jeopardy.”