Articles by David Kim
by David Kim
The United States Court of Appeals for the Second Circuit vacated the defendant’s sentence and remanded for full resentencing following his guilty plea to illegal receipt of a trafficked firearm, holding that the U.S. District Court for the District of Connecticut committed plain error by …
by David Kim
The United States Court of Appeals for the Ninth Circuit held that when the presence of a racially biased juror is discovered, or a juror is found to have made a racially biased statement, but the juror is excused before the trial court accepts a …
by David Kim
In a unanimous decision, the Supreme Court of California held that Penal Code § 1172.6, subdivision (a)(3), which requires resentencing petitioners to allege they “could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189 made effective January …
by David Kim
The Supreme Court of South Carolina unanimously held that results of the penile plethysmography test (“PPG”) are inadmissible in judicial proceedings “unless and until the science underlying the PPG becomes more fully developed and uniform,” reasoning that the pervasive lack of standardization in administering and …
by David Kim
The Supreme Court of New Jersey unanimously held that historical cell site location information (“CSLI”) may not be presented to a jury through a lay witness. Instead, because CSLI carries probative force only when the jury understands how cell towers and cellphones interact, the Court …
by David Kim
A man is arrested late on a Friday night and held overnight. By morning, detectives are ready to talk. He slept a few hours in the holding cell. He has not been awake for 24 straight hours. No one denied him food or water. At …
by David Kim
The Supreme Court of Oregon, sitting en banc, held that Oregon Rule of Civil Procedure (“ORCP”) 59 B, which applies in criminal cases through ORS 136.330, requires a trial court, at the conclusion of trial and before the jury retires to deliberate, to orally state …
by David Kim
The Supreme Court of Colorado, sitting en banc, unanimously held that the prosecution’s second pretrial appeal, challenging a county court evidentiary ruling under CRE 401, 402, and 403, did not qualify as an “interlocutory appeal” under Colorado’s speedy trial statute because the prosecution’s assertion that …
by David Kim
The Court of Criminal Appeals of Texas reversed a suppression order and held that a defendant’s Sixth Amendment right to counsel terminates when charges are dismissed, rejecting the argument that the right persists indefinitely after a grand jury no-bill. The Court clarified that its prior …
by David Kim
The United States Court of Appeals for the Fourth Circuit reversed the denial of a defendant’s motion to suppress and vacated his guilty plea, holding that a U.S. Forest Service officer exceeded the permissible scope of a traffic stop by abandoning the stop’s stated purpose …
