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Articles by David Reutter

Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert

by David Reutter

The Supreme Court of Vermont held that the State may not compel a defendant to submit to a competency evaluation conducted by a mental-health expert of the State’s choosing after a court-ordered competency evaluation by a neutral mental-health expert.

Following his arrest for second-degree murder, Christopher Sharrow’s ...

Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest

by David Reutter

The Supreme Court of Iowa held that a motion for postconviction relief is the proper vehicle to challenge a substantial deprivation of liberty or property interest in certain Iowa Department of Corrections (“IDOC”) administrative actions.

In 1990, Kevin Franklin pleaded guilty to second-degree murder and second-degree sexual ...

Intellectual Disability and Wrongful Conviction in Death Cases: A Lethal Combination

by David M. Reutter

The death penalty is sold by its advocates as a crime deterrent or a penalty reserved for the most heinous of crimes. The reality is that the death penalty is often used as a political tool for prosecutors and judges to enhance their re-electability and to ...

Philadelphia Tests Automating the Bail Risk Assessment Process

by David M. Reutter

Philadelphia is using part of a $3.5 million grant to create a computerized bail-risk assessment tool. The effort is part of the city’s Reentry Project.

The MacArthur Foundation selected Philadelphia to take part in its Safety and Justice Challenge. According to Gabriel B. Roberts, spokesman for ...

9th Circuit: District Court Improperly Deferred to Nevada Supreme Court in AEDPA Analysis

by David Reutter

The Ninth Circuit Court of Appeals held a Nevada federal district court erred in its analysis under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) by deferring to a state court’s determination that a death-sentenced prisoner was not intellectually disabled. The Court further held the ruling in ...

$50 Million Lawsuit Filed in "Cowboy" Tasing that Kills Detroit Teen

by David Reutter

A $50 million lawsuit was filed against a Michigan State Trooper who Tasered a Detroit teen on an ATV before the teen crashed and died. The lawsuit was filed on behalf of 15-year-old Damon Grimes' family by attorney Geoffrey Fieger.

According to Trooper Mark Bessner's attorney, "on ...

Judge's Husband Profited From Prison Stock

by David Reutter

The Iowa federal judge who oversaw the judicial proceeds for about 400 undocumented immigrants who were arrested at the country's largest kosher slaughterhouse may have committed ethical violations by coordinating the raid.

The May 12, 2008 raid made headlines for being the largest workplace raid to date, and its ...

Louisiana: Reform Results in Early Releases

by David Reutter

Laws aimed at reducing Louisiana's prison population resulted in the release of about 1,400 prisoners on November 1, 2017. While the population reduction from those laws will save taxpayers $262 million, those who benefit from free prisoner labor are against the change.

Louisiana is America's prison capital, ...

Man Arrested for Crime He Stopped Sues for $1.5 Million

by David Reutter

Typically an employee who intervenes to tackle a perpetrator to prevent a shoplifting is extolled as a hero. A Decatur police detective investigating the crime, however, arrested the employee and charged him with the crime. Now, the detective faces a $1.5 million lawsuit.

Omar Malcolm was working ...

ABA: Tennessee Court Violates Misdemeanants Right to Counsel

by David Reutter

At the request of the American Bar Association (ABA) Section of Civil Rights and Social Justice, Arch City Defenders of St. Louis conducted a court watching program of Tennessee's Davison County General Sessions Criminal Court in Nashville. The observers found an "extremely serious and pervasive problem that ...

 

 

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