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 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 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 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 …

by David M. Reutter

The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising him to reject a favorable plea agreement without having reviewed the case file.

by David M. Reutter

The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously been found indigent, the reviewing court must make a prejudice determination under the ineffective assistance of counsel analysis.

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by David M. Reutter

The Supreme Court of Michigan held a trial court erred in denying a defendant’s request for a self-defense instruction on the basis that a defendant who claims another person committed the homicide is not entitled to a self-defense instruction. It also held it …