Articles by David Kim
by David Kim
The Supreme Judicial Court of Massachusetts unanimously held that amending an indictment to change the subsection of the aggravated child rape statute under which a defendant was charged constituted an impermissible substantive amendment that violated Article 12 of the Massachusetts Declaration of Rights. Reversing the …
by David Kim
In an en banc decision, the Supreme Court of Oregon held that Article I, section 9, of the Oregon Constitution protects an individual’s privacy in internet browsing activities even when that individual accesses the internet through a publicly available Wi-Fi network operated by a third …
by David Kim
The Supreme Court of Indiana held that when a criminal statute defines a base offense with elevated forms at higher penalty levels, those elevated forms constitute a single statutory offense for substantive double jeopardy purposes, requiring application of the Powell multiplicity test rather than the …
by David Kim
In an 8-1 decision authored by Justice Gorsuch, the Supreme Court of the United States held that the Sentencing Reform Act of 1984 does not authorize courts to automatically extend a defendant’s term of supervised release when the defendant fails to report to a probation …
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 …
