Legal Blog


October 2017 Archives

Obtaining Favorable Evidence From The Prosecution: Understanding the Brady Rule

Criminal cases in the United States follow, for the most part, an adversarial model. This means that each side bears primary responsibility for finding and presenting evidence supporting its arguments, while a neutral arbiter—such as a judge or a jury, decides between those competing versions of facts (or law). An important exception to this adversarial model is the Brady rule, named after the Supreme Court case Brady v. Maryland. In this blog post, we will explain what the Brady rule is, how it functions, and some important limitations on the Brady rule that make the rule less powerful than it … Read More »



Internal Investigations of Government Employees: Garrity and Kalkines Warnings

If you work for a federal or a state agency, you may have heard of the terms “Garrity warning” and “Kalkines warning” thrown around at the workplace. These warnings are issued when the agency is conducting an internal investigation, and there is a possibility of criminal charges being filed. If you are a federal or state government employee, it may be worth your time to fully understand what these warnings mean.

Many people have heard of “Miranda warnings,” and may know that it is a warning issued by police officers to arrested individuals to inform them of their rights. The … Read More »



In Sessions v. Dimaya, a divided Supreme Court considers the meaning of “crime of violence.”

Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Johnson decision striking down a similar definition for “violent felony” in the Armed Career Criminal Act. Although the Dimaya case arose in the immigration context, its outcome has important practical implications for criminal defense practitioners because many federal statutes and rules either directly incorporate § 16(b)’s definition of a … Read More »