by David M. Reutter
The Supreme Court of Louisiana affirmed a district court’s ruling that La. R.S. 15:168(E)(3), which declares that no court “shall have jurisdiction to order the payment of any funds administered by the office or district public defender for expert witnesses, or for any other …
by David M. Reutter
The Supreme Court of Maryland unanimously reversed the judgment of the Appellate Court, holding that a police officer lacked reasonable suspicion under the totality of the circumstances to stop Xavier S. Kopp’s vehicle. The Court concluded that a tip from the officer’s personal acquaintance …
by David M. Reutter
The Supreme Court of Oregon held that the competency requirement of OEC 601 asks only whether a person possesses sufficient general capacity to perceive, recollect, and communicate so as to serve as a witness at all, and it does not authorize a trial court …
by David M. Reutter
The Supreme Court of Minnesota held that district courts must conduct a heightened inquiry, beyond the standard colloquy prescribed by Minnesota Rule of Criminal Procedure 15.01, into potential coercion before accepting a contingent guilty plea, in which a defendant pleads guilty in exchange for …
by David M. Reutter
The Supreme Court of Florida reversed a circuit court order that had denied a death-sentenced prisoner access to the underlying data generated during postconviction DNA testing. The Court held that the “results” a defendant is entitled to receive under § 925.11(2)(i), Florida Statutes, and …
by David M. Reutter
In a unanimous opinion the Supreme Court of Pennsylvania held that a prosecutor commits misconduct, and reversible error occurs, when the prosecutor summons and questions a witness before a jury despite having clear reason to expect the witness will refuse to answer questions, regardless …
by David M. Reutter
The United States Court of Appeals for the First Circuit held that a District Court commits reversible error when, in assessing a defendant’s eligibility for a mitigating-role adjustment under U.S.S.G. § 3B1.2, it restricts the universe of participants solely to the defendant’s own conduct …
by David M. Reutter
The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and that the law may be challenged on direct appeal.
Eddie Maddox entered guilty pleas on September 30, 2019, …
by David M. Reutter
The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for further proceedings.
Tyler Clapp was stopped on July 6, 2018, after being observed …
by David M. Reutter
The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement requiring that it recommend a suspended sentence.
Shane Michael Davis pleaded guilty on November 25, 2019, after reaching a plea agreement …
