by David M. Reutter
The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs.
The Court’s opinion was issued in an appeal brought by Gregg A. Loughbom. He was convicted by a jury in October ...
by David M. Reutter
The Supreme Judicial Court of Massachusetts vacated a defendant’s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held that “where a defendant makes a good faith claim that a deliberating juror reported that racial bias infected the jury’s deliberations, a ...
by David M. Reutter
The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.”
The Court’s August 12, 2020, opinion was issued in an appeal by Demitres Robertson. She was ...
by David M. Reutter
The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on whether defendants whose convictions were based on plea agreements and waived the right to seek modification of their sentence under ...
by David M. Reutter
When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would take place and who would be likely to commit them. An investigation ...
by David M. Reutter
The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement counsel. The Court ordered a new first-tier appeal in Michigan courts.
The Court’s ...
by David M. Reutter
"Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate,” begins a new study in the Cardozo Law Review. That study, “The Shadow Bargainers,” used the responses of 579 attorneys to ...
by David M. Reutter
The Maryland Court of Appeals ruled that in giving advice of rights police officers must use methods that reasonably convey the warnings and rights contained in Maryland’s implied consent statute. The Court’s ruling discusses whether reading a form in English to a driver with limited English ...
by David M. Reutter
The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, 139 S. Ct. 2191 (2019).
Robert Triggs was indicted in May 2016 ...
by David M. Reutter
The U.S. Court of Appeals for the Second Circuit ruled that 18 U.S.C. § 3013 provides for an assessment to be applied on a per-offender basis, not a per-count basis.
Before the Court was the appeal of Paul Haverkamp. He exchanged over 400 messages on the ...
