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 …
by David Kim
The Supreme Court of New Jersey unanimously held that the materiality standard governing a claim under Brady v. Maryland, 373 U.S. 83 (1963), is not the same as the materiality standard governing a motion for a new trial based on newly discovered evidence under State …
by David Kim
The Supreme Court of Ohio held that a post-verdict judgment of acquittal entered by a trial court under Crim.R. 29(B) is not “the final verdict” excepted from R.C. 2945.67(A) and that the State may therefore appeal it by leave of the court of appeals, though …
by David Kim
The Supreme Court of Michigan held that the prosecution failed to establish that a hospitalized defendant who had ingested a large quantity of LSD knowingly and intelligently waived his rights under Miranda v. Arizona, 384 U.S. 436 (1966), and that admitting the resulting statement was …
