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Articles by David Reutter

Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession

by David M. Reutter

The Supreme Court of Florida held that for purposes of § 893.135(1), Florida Statutes, a completed drug trafficking by purchase “requires proof that the defendant both (1) gave consideration for and (2) obtained control of a trafficking quantity of illegal drugs.” The Court also instructed that ...

Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant

by David M. Reutter

In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that a Fulton County, Georgia, assistant district attorney is not entitled to absolute prosecutorial immunity in a 42 U.S.C. § 1983 suit for failing to ensure the cancellation or recall ...

Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error

by David M. Reutter

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) by making an unreasonable determination in the downward variance it imposed.

Before the Court was the ...

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act

by David M. Reutter

The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion to consider arguments concerning intervening changes of law since the original sentencing and other arguments in favor of a downward ...

Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement

by David M. Reutter

The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting the Government’s request to dismiss four charges as part of a plea agreement.

Josue Alaniz was found seriously injured in ...

Fourth Circuit: Plea Agreement Barred Prosecution of Dismissed Charges After Successfully Appealing Conviction

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held that the Government was barred by a plea agreement from pursuing dismissed charges after the defendant prevailed on appeal in challenging the charge to which he entered a plea of guilty.

Shelby Petties was indicted in ...

Eleventh Circuit Court of Appeals: Rehaif Announced New Rule of Substantive Law and Applies Retroactively to Initial § 2255 Motions

by David M. Reutter

The U.S. Court of Appeals for the Eleventh Circuit held that Rehaif v. United States, 139 S. Ct. 2191 (2019), “announced a new rule of substantive law that applies retroactively” to an initial 28. U.S.C. § 2255 motion.

The Court’s opinion was issued in an ...

Citizen Programs Have Positive Impact for Crisis Calls, Resulting in Fewer Arrests and Hospitalizations for Mental Health Crisis Calls

by David M. Reutter

Several police departments have turned to trained citizens to respond to crisis calls. The results have been positive, as there have been fewer arrests and hospitalizations in these jurisdictions.

The St. Petersburg, Florida, Police Department in 2020 decided not to hire more officers and instead diverted ...

California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea

by David M. Reutter

The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale of methamphetamine, Health & Saf. Code, § 11378, based on its finding that the defendant was not properly apprised by the trial court of the immigration consequences that ...

Indirect DNA Transfer Can Result in Miscarriages of Justice

DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe

by David M. Reutter

Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries and even judges when presented to identify an individual as having contact ...

 

 

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