by David Kim
The Supreme Court of Louisiana held that when a defendant on collateral review alleges defense counsel prevented him from testifying, the claim must be evaluated under the two-prong standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), requiring proof of deficient performance and …
by David Kim
The Supreme Court of Connecticut unanimously held that a prosecutor’s Brady obligations may extend to impeachment information about a State witness known within the same State’s Attorney’s Office, even when it arose in an unrelated case. The Court rejected the Appellate Court’s conclusion that the …
by David Kim
Introduction: A Booking Procedure That Does Not End at Booking
In late January 2026, a Minneapolis resident identified only as Ben drove with his wife to a street where federal immigration officers had been spotted. He stood on the sidewalk and filmed. According to …
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 …
