WASHINGTON, DC – The United States Supreme Court today vacated a decision of the U.S. Court of Appeals for the Eighth Circuit in USA v. Zielinski, a case arising under the International Parental Kidnapping Act in which the lower court had barred the petitioner from presenting a statutory defense at trial.
The petitioner, Kira Kristina Zielinski, was represented before the Supreme Court by Singleton Schreiber Partner Knut Johnson and Counsel Brendan McDonald as well as Tobias Loss-Eaton, Sidley Austin LLP and the Supreme Court Clinic for the Northwestern Prizker School of Law.
The Eighth Circuit’s now-vacated decision had held that federal law did not permit Ms. Zielinski to argue that she acted to protect her child from sexual abuse. Based on that interpretation, the Court affirmed her conviction without allowing a jury to consider her defense. The Supreme Court’s ruling vacates that decision and returns the case for further proceedings, permitting Ms. Zielinski to present her defense to a jury.
“This decision restores a fundamental principle of criminal law—that defendants are entitled to present legally recognized defenses and have them evaluated by a jury,” said Knut Johnson, Partner at Singleton Schreiber. “The Supreme Court’s action ensures that federal law is applied as written and that courts do not foreclose defenses based on an incorrect interpretation of the statute. We are grateful that the Court acted to correct this error and that Sidley Austin and Northwestern worked so hard for our client.”

The Supreme Court’s ruling also removes binding precedent within the Eighth Circuit that would have limited the availability of the statutory defense in future cases. By vacating the decision, the Court cleared the way for lower courts to apply the statute consistent with its text and purpose.
“This decision matters for families facing impossible circumstances,” said Brendan McDonald, Counsel at Singleton Schreiber. “It ensures that parents are not prevented, as a matter of law, from explaining their actions to a jury when they believe they are acting to protect a child from harm.”
The Supreme Court’s review was supported by amicus briefs filed on behalf of the Battered Women’s Justice Project, the National Legal Center on Children and Domestic Violence, and the National Network to End Domestic Violence by attorney Karen Landau.
The case will now return to the lower courts for further proceedings consistent with the Supreme Court’s ruling.

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