A woman convicted of murder in Maryland won a new trial after showing her lawyer was ineffective. But it proved a Pyrrhic victory: during her motion for a new trial, the court made her hand over privileged files and let the same prosecutors "scour" them. At the retrial, the state leaned heavily on information and new evidence revealed in those attorney-client privileged files, and she declined to testify because the court left open whether her prior testimony could be used to impeach her. The state appeals court assumed error but found no prejudice, concluding the new evidence didn't hurt her and she hadn't properly proffered her testimony. Fourth Circuit: Both determinations were objectively unreasonable; the case is remanded for de novo review of whether her Sixth Amendment rights were violated. Vacated and remanded.
The case is Kaur v. Warden, No. 24-6440 (4th Cir. Aug. 19, 2025).