Skip navigation
The Habeas Citebook Ineffective Counsel - Header

Articles by David Kim

SCOTUS Announces Knowingly or Intentionally Causing 
Bodily Injury or Death by ‘Omission’ Necessarily Involves 
‘Use’ of ‘Physical Force’ for Purposes of § 924(c)

The Supreme Court of the United States held that knowingly or intentionally causing bodily injury or death by failing to take action—that is, by omission—uses physical force for purposes of the elements clause of § 924(c).

Background

Salvatore Delligatti was an associate of the Genovese crime family …

Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns

by David Kim

At United States border crossings, Customs and Border Protection (“CBP”) wants to photograph every vehicle occupant, from drivers to back-seat passengers, using real-time facial recognition to match images with travel documents. A recent federal notice details this plan, which is reportedly intended to enhance security …

SCOTUS Announces Rejection of ‘Moment-of-Threat 
Doctrine’ Because It Improperly Narrows Required 
‘Totality of the Circumstances’ Analysis for Fourth 
Amendment Excessive-Force Claims

The Supreme Court of the United States held that courts may not apply the “moment-of-threat” doctrine when evaluating the reasonableness of police officers’ use of deadly force involving claims of excessive force in violation of the Fourth Amendment because the doctrine improperly narrows the requisite inquiry into the “totality …

Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row

Georgia has joined a growing number of states that prohibit the execution of people with intellectual disabilities after Gov. Brian Kemp signed a bill into law on May 12, 2025, establishing clearer legal protections for such defendants in capital cases.

Nearly Impossible Standard Eliminated

For decades, Georgia …

Warrantless Device Inspections Surge at the U.S. Border

by David Kim

Travelers entering the United States are facing intensifying scrutiny—not just of their luggage but of their smartphones, laptops, and other digital devices—as border agents increasingly conduct warrantless searches, sometimes copying personal data for further analysis. Civil liberties groups and legal experts argue these practices erode …

Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can

by David Kim

From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for countless reasons. Studies indicate that the average person tells at least two lies per day, and in a typical 10-minute conversation, 60% of individuals will …

Nearly 150 Exonerations in 2024 Highlight Persistent Flaws in U.S. Criminal Justice System

by David Kim

In 2024, 147 prisoners were exonerated for crimes they did not commit, an alarming number that underscores both the resilience of those wrongfully convicted and the systemic failures that led to their imprisonment. The National Registry of Exonerations (“Registry”) documented these cases in its annual …

Convicted Double Murderer Executed by Firing Squad in South Carolina

by David Kim

Brad Sigmon, a 67-year-old convicted double murderer, became the first prisoner in the United States to be executed by firing squad in 15 years on Friday, March 7, 2025. Sigmon, who was sentenced to death for the 2001 killings of his ex-girlfriend’s parents, chose the …

EFF Launches Rayhunter: A New Tool to Detect Covert Cellular Surveillance

by David Kim

The Electronic Frontier Foundation (“EFF”) has announced Rayhunter, an open-source tool designed to detect cell-site simulators (“CSS”), devices often used by law enforcement and others to covertly track mobile phones. Running on an affordable mobile hotspot, Rayhunter seeks to empower activists, journalists, and everyday users …

Bite Marks and Broken Justice: A Louisiana Man’s Life and Death Struggle Against Junk Science

by David Kim

In a Louisiana courtroom last September, attorney Scott Greene stood before those in attendance and issued a stark warning: The video they were about to see would unsettle them. Recorded in 1993 as part of a murder investigation, the grainy footage captured forensic dentist Dr. …

 

 

Disciplinary Self-Help Litigation Manual - Side
PLN Subscribe Now Ad 450x450
CLN Subscribe Now Ad 450x600