Articles by David Reutter
by David M. Reutter
The United States Court of Appeals for the Sixth Circuit held that when a state prisoner’s belated appeal fits within an established state-law exception to an otherwise applicable appeal deadline, the prisoner’s properly filed application for post-conviction relief remains “pending” under 28 U.S.C. § …
by David M. Reutter
In a unanimous decision resolving a certified conflict between the Second and Fourth District Courts of Appeal, the Supreme Court of Florida held that Florida Rule of Criminal Procedure 3.170(f) does not permit a defendant to withdraw a plea on the basis of good …
by David M. Reutter
Sitting en banc, the Supreme Court of Colorado held that a defendant must be competent before undergoing a mental-condition examination under C.R.S. § 16-8-107(3)(b) and that a trial court may not exclude expert mental-condition testimony based on a defendant’s failure to cooperate with such …
by David M. Reutter
The California Court of Appeal, Second District, unanimously held that a superior court’s order denying a defendant’s petition for recall and resentencing under Penal Code § 1172.1 is appealable when the court substantively evaluates the petition on its merits rather than summarily declining to …
by David M. Reutter
The Supreme Court of Georgia vacated the denial of a motion for new trial and remanded for further proceedings, holding that a trial court errs when it concludes a defendant waived an objection to an ineligible juror based solely on the failure to object …
by David M. Reutter
The Supreme Judicial Court of Massachusetts held that a motion judge abused his discretion by denying an evidentiary hearing on a defendant’s motion to withdraw his guilty plea based on ineffective assistance of counsel. The defendant, a lawful permanent resident facing virtually mandatory removal …
by David M. Reutter
In an en banc decision, the Supreme Court of Washington held that Anthony Lee’s two second-degree assault convictions based on his beating Amy Groff in the head with a gun and then shooting at her as she fled were part of a single unit …
by David M. Reutter
The Supreme Court of New Jersey unanimously reversed the defendant’s controlled dangerous substances (“CDS”) convictions and ordered a new trial, holding that while no individual error warranted reversal, the cumulative effect of multiple prosecutorial missteps deprived the defendant of his constitutional right to a …
by David M. Reutter
The New York Court of Appeals held that when police employ coercive tactics compelling a suspect to leave a residence, the resulting arrest violates the ban on unwarranted in-home arrests established in Payton v. New York, 445 U.S. 573 (1980), under a theory of …
by David M. Reutter
The United States Court of Appeals for the Fourth Circuit vacated a supervised release revocation judgment and remanded for resentencing, holding that a defendant may challenge standard conditions of supervised release that were never orally pronounced at sentencing through an appeal of a subsequent …
