by David Kim
The United States Court of Appeals for the Ninth Circuit held that Martinez v. Ryan, 566 U.S. 1 (2012), may excuse defaulted trial ineffective assistance claims under Nevada’s timeliness and successive-petition rules despite intervening representation and delays between petitions. The Court explained that initial postconviction …
by David Kim
The United States Court of Appeals for the Tenth Circuit held that an evidentiary hearing was required on an ineffective-assistance claim involving an allegedly undisclosed bank-fraud defense. The Court explained that valid checks alone do not establish the fraudulent means required by 18 U.S.C. § …
by David Kim
The United States Court of Appeals for the Eleventh Circuit held that concealed firearm possession alone does not establish reasonable suspicion under Florida’s concealed-carry statute as amended in 2015. The amendment made non-licensure an element of the offense, eliminating the premise of the Eleventh Circuit’s …
by David Kim
Sitting en banc, the United States Court of Appeals for the Tenth Circuit held that, after probation revocation, Chapter 7 of the U.S. Sentencing Guidelines provides the initial advisory range under 18 U.S.C. § 3553(a)(4)(B). The Court abrogated United States v. Moore (“Moore I”), 30 …
by David Kim
The Supreme Court of Hawaii held that Hawaii Rules of Penal Procedure (“HRPP”) Rule 40 claims based on expert testimony later invalidated by scientific developments are governed by the constitutional false-evidence standard, not the newly discovered evidence test of State v. McNulty, 588 P.2d 438 …
by David Kim
The Supreme Court of Alaska adopted a “stop and clarify” rule under article I, sections 9 and 11 of the Alaska Constitution, holding that where a suspect has waived Miranda rights and then makes an ambiguous request for counsel, interrogating officers must stop questioning and …
by David Kim
The Supreme Court of California unanimously held that article I, section 28(f)(3) of the California Constitution does not expand the noncapital offenses for which a trial court may deny pretrial bail beyond those specified in article I, section 12, subdivisions (b) and (c). Answering a …
by David Kim
The Supreme Court of Connecticut unanimously held that trial counsel provided ineffective assistance to Tyquan Turner by neither contesting nor meaningfully challenging a GeoTime video that misleadingly used a person-shaped icon to portray Turner’s phone moving among incriminating locations based on historical cell site location …
by David Kim
The Supreme Court of Michigan held that mandatory life imprisonment without the possibility of parole (“LWOP”) for a pre-People v. Aaron, 299 N.W.2d 304 (Mich. 1980), felony-murder conviction violates Michigan Constitution, art 1, § 16 when the defendant shows the jury lacked an Aaron-compliant malice …
by David Kim
At the close of Derrick Ulett’s murder trial, his lawyer pointed the jury toward a gap in the People’s case. Ruben Alexandre had been shot in March 2008 in front of an apartment building at 48 St. Paul’s Place in Brooklyn, and that building had …
