Articles by David Kim
by David Kim
The United States Court of Appeals for the Fifth Circuit held that a warrantless protective search of a vehicle under Michigan v. Long, 463 U.S. 1032 (1983) (sometimes described as a vehicle “protective sweep”), violated the Fourth Amendment where officers failed to identify any fact …
by David Kim
The United States Court of Appeals for the Fourth Circuit held that all 42 U.S.C. § 1983 claims arising in West Virginia are subject to a two-year statute of limitations under West Virginia Code § 55-2-12(b), resolving inconsistent applications by U.S. District Courts in that …
by David Kim
In a matter of first impression, the Supreme Court of Montana unanimously reversed a district court order that would have required a defendant to register as a sex offender based on allegations contained in charging documents that were never proved beyond a reasonable doubt or …
by David Kim
The United States Court of Appeals for the Eleventh Circuit held that a taking of property does not qualify as robbery under the Hobbs Act, 18 U.S.C. § 1951(a), unless force or threatened force is employed before or during the taking itself. The Court ruled …
by David Kim
The United States Court of Appeals for the Second Circuit vacated a cocaine-importation conspiracy conviction, holding that the U.S. District Court for the Southern District of New York erred in excluding undisputed evidence that the defendant’s coworker had twice previously provided information to the Colombian …
by David Kim
The Supreme Court of Oregon held that the State violates Article I, section 11, of the Oregon Constitution when it fails to appoint counsel for an eligible criminal defendant for an extended period following arraignment. The Court established a bright-line rule under which dismissal of …
by David Kim
The Supreme Court of the United States held that Congress did not clearly authorize convictions under both 18 U.S.C. § 924(c)(1)(A)(i), the base offense for using, carrying, or possessing a firearm during a federal crime of violence or drug trafficking offense, and § 924(j), which …
by David Kim
Sitting en banc, the Supreme Court of Washington unanimously held that courts are not precluded from considering race and ethnicity when determining whether a suspect is in custody for purposes of Miranda v. Arizona, 384 U.S. 436 (1966). The Court reasoned that such factors constitute …
by David Kim
The Supreme Court of Georgia clarified that the diligence requirement for extraordinary motions for new trial operates differently when such motions rest on scientific developments rather than physical evidence or eyewitness testimony. Because the materiality of scientific advancements often becomes apparent only after new theories …
by David Kim
The Supreme Court of California granted review to resolve a split among the Courts of Appeal concerning court-ordered financial obligations imposed at criminal sentencing. The Court held that a challenge to the amount of a punitive criminal fine should be reviewed in the first instance …
