Ian Herbert Obtains Conviction Reversal and Dismissal on Behalf of Pro Bono Client
Miller & Chevalier lawyer Ian Herbert obtained a conviction reversal in the District of Columbia Court of Appeals on behalf of the firm's pro bono client, Joseph Smith. In 2012, Mr. Smith was convicted of a burglary in the District of Columbia based on an officer's testimony and physical evidence, despite testimony from the complaining witness that Mr. Smith was not one of the three burglars. The court concluded that the trial court erroneously admitted physical evidence without establishing the requisite connection to the client or the crime, and that the admission of the evidence prejudiced Mr. Smith. After remand to the trial court, the government decided to dismiss the charges against Mr. Smith. He was released from prison in February 2018 after serving more than five years on charges that were ultimately dismissed. Herbert worked with a team of lawyers from Miller & Chevalier and Paul Hastings on this matter; Litigation Member Kirby Behre acted as supervising Member.