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 …

by David Kim

The United States Court of Appeals for the Ninth Circuit held that a violation of 18 U.S.C. § 1958(a) resulting in death is not categorically a crime of violence and cannot serve as a predicate offense for solicitation under 18 U.S.C. § 373(a). Congress intentionally …

by David Kim

The Supreme Court of the United States held that a criminal defendant’s agreement not to appeal a sentence is unenforceable when enforcement would produce a miscarriage of justice. Defining the threshold, the Court stated that a waiver may be set aside only where the sentence …

by David Kim

The Supreme Court of Illinois unanimously held that issue preclusion under both Illinois common law and § 3-4(b)(2) of the Criminal Code of 2012 affords criminal defendants protections surpassing those guaranteed by the federal Double Jeopardy Clause. The Court rejected the State’s contention that Currier …

by David Kim

The Supreme Court of the United States held that the Mississippi Supreme Court unreasonably applied Batson v. Kentucky, 476 U.S. 79 (1986), and unreasonably determined that a capital defendant waived his opportunity to rebut the prosecutor’s asserted race-neutral reasons for peremptory strikes against four Black …

by David Kim

The Supreme Court of Hawai’i unanimously held that a circuit court erred by failing to consider the factors listed in Hawai’i Pattern Jury Instructions – Criminal (“HAWJIC”) 3.19A and the effect of suggestiveness on reliability when it denied a defendant’s motion to suppress a field …

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 …