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 Courts of ...
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 on the ...
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 Essay, Sam ...
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.”) § 3B1.1(c). The Court ...
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 Court’s opinion was ...
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 parole denials ...
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 poor. As ...
by David M. Reutter
The Supreme Court of Ohio held that a defendant need not “intend to harm or kill another person to be entitled to a self-defense jury instruction.” The Court found error in the lower courts’ ruling otherwise and concluded the defendant’s counsel was ineffective for failing to ...
by David M. Reutter
The Court of Appeal of California, First District, Division Three, held a trial court erred by failing to hold a resentencing hearing in the defendant’s presence after granting a motion to strike enhancements for prior prison sentences (“prison priors”). The Court further concluded that a prosecutor ...
by David M. Reutter
The Supreme Court of Kansas ruled that the “noisy conduct” provision in a Wichita ordinance is unconstitutionally overbroad under the First Amendment. The Court severed the provision from the constitutional “fighting words” provision in the same subsection.
Before the Court was the appeal of Gabrielle Griffie, ...
