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Articles by David Reutter

Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies

by David Reutter

The U.S. Court of Appeals for the Ninth Circuit held that a “sentencing court erred by concluding that it could not first hear from the defendant before determining whether a reduction for acceptance of responsibility was warranted under the Sentencing Guidelines.” The Court concluded the ...

Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice

by David Reutter

The Supreme Judicial Court of Massachusetts affirmed the suppression of custodial statements where the translation of Miranda warnings into Spanish was inadequate to apprise the defendant of his rights. The Court also reversed the denial of the suppression of evidence taken from the defendant’s cellphone because the ...

Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio

by David Reutter

The Tennessee Supreme Court held “the doctrine of abatement ab initio must be abandoned because it is obsolete, its continued application would do more harm than good, and it is inconsistent with the current public policy of this State.”

Before the court was an appeal brought ...

Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights

by David Reutter

The Supreme Court of Michigan held that a defendant did not expose herself to public arrest when she reached out of her doorway to retrieve her identification from a police officer — and there could be no “hot pursuit” when she pulled her arm back into the ...

New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail

by David Reutter

As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry a maximum penalty of less than six months in jail but subject him or her to deportation is entitled to a jury trial ...

Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony

by David Reutter

The Supreme Court of Ohio held that a plea court must “advise a criminal defendant on postrelease control for a prior felony, during his plea hearing in a new felony case, of the trial court’s authority under R.C. 2929.141 to terminate the defendant’s existing postrelease ...

Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status

by David Reutter

The Supreme Court of Indiana held an attorney rendered ineffective assistance by affirmatively marking ‘not applicable’ to an immigration consequences warning on the court’s standard advisement form when he neither knew his client’s status nor asked him. 

Angelo Bobadilla, 19, entered a guilty plea to misdemeanor ...

Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter

by David Reutter

The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force was necessary.

The Court had before it the appeal of Christopher Schnarr. It ...

New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail

by David Reutter

As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry a maximum penalty of less than six months in jail but subject him or her to deportation is entitled to a jury trial ...

Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable

by David Reutter

The U.S. Court of Appeals for the Fourth Circuit ruled that where an erroneous career offender designation raises a defendant’s mandatory prison term, the resulting sentence is fundamentally defective. 

The Court further ruled that when a 28 U.S.C. § 2255 petition is inadequate ...




 

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