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 the prosecutor could not use the nolle prosequi power to defeat an appeal challenging the legality of the vacatur. The Court further held that a victim has rights to reasonable notice, in-person attendance, and meaningful participation through an opportunity to be heard at a vacatur hearing, although the victim is not a party. Because Young Lee’s rights were violated and he established prejudice, the case was remanded for further proceedings. The dissenting judges would have reached different conclusions concerning mootness and the scope of the victim’s rights.