by David M. Reutter
“Remembrance of things past is not necessarily the remembrance of things as they were.”
– Marcel Proust
When jurors weigh evidence in a criminal trial, few types of evidence are more persuasive than a witness pointing across a courtroom and declaring with …
The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered resentencing before a different judge.
Before the Court was the appeal of Hector Maldonado-Maldonado, who along with one of his …
The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the District of South Carolina committed procedural error by failing to address the defendant’s arguments for a lower sentence and failing to provide an individualized explanation for the sentence it imposed because …
by David M. Reutter
The Court of Criminal Appeals of Texas held that a deferred disposition or adjudication is not a “sentence” within the meaning of an authorized appeal by the State under Tex. Crim. Code Proc. art. 44.01(b). The Court resolved a statewide split among the state’s …
by David M. Reutter
The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court for the Eastern District of Louisiana erred in applying an offense-level enhancement for maintaining a premises for the purposes of manufacturing or distributing a controlled substance based solely …
by David M. Reutter
Are federal courts participating in a legal fiction during sentencing proceedings to maintain a peculiar but potentially necessary mechanism to resolve criminal cases without a jury? That question and the effects thereof are the subject of Plea Agreements and Suspending Disbelief (“Essay”). In his …
by David M. Reutter
The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed upon Djuna Goncalves after the U.S. District Court for the District of Massachusetts found he was “an organizer, leader, supervisor, or manager” under U.S. Sentencing Guidelines (“U.S.S.G.”) § …
by David M. Reutter
The Court of Criminal Appeals of Texas held that a witness who covered a significant part of the expressive portion of her face with a surgical mask for her “comfort” constituted the denial of the defendant’s Sixth Amendment right to fact-to-face confrontation.
The …
by David M. Reutter
In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in New York and Florida, is that …
by David M. Reutter
The law firmly provides that every criminal defendant has the constitutional right to the effective assistance of counsel. Appearance of counsel is largely dependent upon one’s financial state. A person of financial means is able to hire an attorney; courts appoint counsel for the …
