Opening Arguments - OA340: OA and Serial, or, Why the Supreme Court Denied Cert in Syed v. Maryland

Perhaps against our better judgment, we once again return to the Adnan Syed case narrated so beautifully in season 1 of Serial. If you haven't heard our take on the case itself, you might want to go back and listen to Episode 107. Today, we're not discussing the underlying merits but rather what the Maryland Court of Appeals ruled and why the Supreme Court declined to review that decision. Love us or hate us, if you love Serial, you won't want to miss this episode!

We begin, however, with a look at how President Trump has reshaped the federal courts by the numbers. Is it as bleak as some sources say? Or is there merit to the counter-argument that Trump isn't doing anything much differently than his predecessors -- it's just that we're in the middle of his Presidency, so of course his effect is outsized. We delve beneath the op-eds to tell you what the cold hard facts are.

Then, it's time to describe exactly what's happened to Adnan Syed in the courts since Serial, culminating with a 4-3 decision in the Maryland Court of Appeals that was left undisturbed by the Supreme Court when they denied certiorari last week. What does it all mean? We break it down for you.

After that, it's time for a bonus mini-"Breakin' Down the Law" segment integrated with Thomas's fiendishly hard #T3BE question. If you've ever wondered about motions for new trials and Rules 59 and 60 of the Federal Rules of Civil Procedure, well, this is the show for you!

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first broke down the Adnan Syed case (and Serial's portrayal of it) in Episode 107.
  2. You can check out the Brookings article we referenced ("Trump Has Reshaped the Judiciary But Not As Much As You Might Think").
  3. For the Maryland Court of Appeals opinion (State v. Syed), click here. Then you can read Syed's cert petition, the State's response, and Syed's reply. Ultimately, the Supreme Court just denied the petition without comment.\
  4. Finally, the underlying case we discussed regarding ineffective assistance of counsel is Strickland v. Washington, 466 U.S. 668 (1984).

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!

The Gist - Not a Point of Order

On the Gist, fighting Biden.

In the interview, Mike talks to sports journalist and author Joe Posnanski about the elusive Houdini. They talk about how Erik Weisz became the great Harry Houdini, how the man transformed himself from failing magician to famous escape artist, and the myths shrouding his mysterious death. Joe’s book is The Life and Afterlife of Harry Houdini.

In the spiel, points of order.

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the memory palace - A Conversation About the Memory Palace with Robert Krulwich

It’s Radiotopia fundraiser time! Once a year, we reach out to ask our listeners to donate to the network that makes this show possible. Make your mark by making a donation at Radiotopia.fm/donate today!

Here’s a very special episode of The Memory Palace in which Nate talks to CERTIFIED RADIO LEGEND, Robert Krulwich, of Radiolab and beyond, about the origins of the show and what makes The Memory Palace tick.

Read Me a Poem - An Excerpt from “Gitanjali” by Rabindranath Tagore

Amanda Holmes reads an excerpt from Rabindranath Tagore’s Gitanjali. Have a suggestion for a poem? Email us: podcast@theamericanscholar.org. If we select your entry, you’ll win a copy of a poetry collection edited by David Lehman.


This episode was produced by Stephanie Bastek and features the song “Canvasback” by Chad Crouch.



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Start the Week - Living near water

Flooding remains a risk in many parts of the country this winter. Andrew Marr explores the impact of water on communities. The engineer David Lerner argues for the extension of the policy of daylighting – opening up rivers covered over by the Victorians. He says Britain’s towns and cities have a lot to learn from Zurich, which was an early pioneer in recovering streams from underground. The social and environmental benefits in Zurich are evident. Torrential rain in November forced many people across the country to leave their homes. The writer Edward Platt looks back at the effect of the record-breaking floods of 2013-14 and the toll it took on those caught up in the deluge. He talks to those responsible for trying to keep the water at bay, and asks what can be done to protect the vulnerable. The artist Tania Kovats’s work is preoccupied with our experience and understanding of water and the landscape. From collecting water from a hundred UK rivers to sculptural forms cast in wetsuits, and to the study of the drawing of water, Kovats places water at the centre of her creativity. The journalist Leaf Arbuthnot looks at the growing evidence for the benefits of wild swimming, even in the cold winter months. For all the danger of living close to water, she asks whether time spent near coastal and river environments is the secret to a happier, healthier life.

Producer: Katy Hickman

Start the Week - Living near water

Flooding remains a risk in many parts of the country this winter. Andrew Marr explores the impact of water on communities. The engineer David Lerner argues for the extension of the policy of daylighting – opening up rivers covered over by the Victorians. He says Britain’s towns and cities have a lot to learn from Zurich, which was an early pioneer in recovering streams from underground. The social and environmental benefits in Zurich are evident. Torrential rain in November forced many people across the country to leave their homes. The writer Edward Platt looks back at the effect of the record-breaking floods of 2013-14 and the toll it took on those caught up in the deluge. He talks to those responsible for trying to keep the water at bay, and asks what can be done to protect the vulnerable. The artist Tania Kovats’s work is preoccupied with our experience and understanding of water and the landscape. From collecting water from a hundred UK rivers to sculptural forms cast in wetsuits, and to the study of the drawing of water, Kovats places water at the centre of her creativity. The journalist Leaf Arbuthnot looks at the growing evidence for the benefits of wild swimming, even in the cold winter months. For all the danger of living close to water, she asks whether time spent near coastal and river environments is the secret to a happier, healthier life.

Producer: Katy Hickman

Short Wave - Getting Closer To The Sun Than Ever Before

An ambitious mission to get a spacecraft close to the sun has revealed a strange region of space filled with rapidly flipping magnetic fields and rogue plasma waves. Science correspondent Nell Greenfieldboyce explains how the Parker Solar Probe may help answer one of the biggest mysteries surrounding the sun. Follow Emily Kwong on Twitter @emilykwong1234. Email the show at shortwave@npr.org.

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