Syed v. Lee

Summary

The Supreme Court of Maryland held that entry of a nolle prosequi after a conviction was vacated did not moot the victim representative’s appeal because a lawful vacatur was a condition precedent to the prosecutor’s authority to dismiss the charges. The Court further held that a victim has rights to reasonable notice, in-person attendance, and meaningful participation through an opportunity to be heard on the merits of a vacatur motion, although the victim is not a party. Because those rights were violated and the victim demonstrated meaningful prejudice, the Court remanded for proceedings beginning immediately after the motion to vacate was filed.