Use Claim by Claim. The sequence is only a roadmap. The barriers are independent and cumulative. Satisfying one does not satisfy another, and passing a procedural gateway does not establish entitlement to relief.

Verify Before Acting. Confirm current statutes, federal and local rules, state procedural law, official forms, …

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 Douglas Ankney

The United States Court of Appeals for the Second Circuit held that the U.S. District Court for the District of Connecticut plainly erred by increasing the defendant’s sentence, partly for not helping recover trafficked firearms and by invoking three circumstances used to calculate the Guidelines …

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 Douglas Ankney

The United States Court of Appeals for the Ninth Circuit reversed the defendant’s Hobbs Act robbery and firearm-brandishing convictions and remanded for a new trial. The Court held that conditioning jury inspection of the tattoos on Valencia’s hands on his testimony infringed the Fifth Amendment …

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 …