by David Reutter
The U.S. Court of Appeals for the Sixth Circuit held a search warrant failed to establish a fair probability that drugs would be found at the searched residence on the date of the search.
Before the Court was the appeal of Tyrone Christian, who was convicted by ...
by David Reutter
The Supreme Court of Hawaii reversed a DUI conviction because the trial court failed to determine whether the defendant’s “waiver of the right to testify, was voluntarily, intelligently, and knowingly made.”
Before the Supreme Court was the certiorari petition of Ritalynn Moss Celestine. She was arrested on ...
by David Reutter
The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not fit within the protective sweep or voluntary consent exceptions under the Fourth Amendment and was thus unconstitutional.
Diaz and ...
by David Reutter
In an issue of first impression nationally, the U.S. Court of Appeals for the Eleventh Circuit held that an immigration judge is a “United States judge” within the meaning of 18 U.S.C. § 115 (a)(1)(B), which makes it a crime to, among other things, assault, kidnap, or ...
by David Reutter
The Chicago Police Department (“CPD”) has endured criticism for officer misconduct. An investigation by ProPublica Illinois and the Chicago Tribune found that the city’s archaic system for disciplining officers allows it to avoid or long delay discipline, allowing officers who should be off the streets to be ...
by David Reutter
The Tenth Circuit Court of Appeals held convictions for burglary under Oklahoma law do not qualify as violent felonies for sentence enhancement under the federal Armed Career Criminal Act (“ACCA”).
Raymond Hamilton was convicted of possession of a firearm after a felony conviction. He was sentenced to ...
by David Reutter
The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due to his counsel’s failure to explore the defense of others.
Anwar H. Belton appealed the denial of his ...
by David Reutter
The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home confinement provision that was not set forth in the agreement.
Jose Luis Lopez-Pastrana entered into a plea agreement ...
by David Reutter
The Supreme Court of Mississippi held that neither it nor an appellate court sits as a “thirteenth juror” when reviewing a motion for new trial. The Court clarified that in a court’s appellate capacity it does not reweigh evidence, assess witness creditability, or resolve conflicts between evidence. ...
by David Reutter
The Supreme Court of Utah held that the Board of Pardons and Parole (“Parole Board”) violated a prisoner’s due process rights by adjudicating him a sex offender. The designation as a sex offender was based on unproven allegations in a police report and a mistrial without conviction ...
