by David Reutter
The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to special sentencing conditions because they were not announced at sentencing, it conducts an abuse of discretion review and any “unpronounced” special conditions must be stricken from the ...
by David Reutter
The U.S. Court of Appeals for the Eighth Circuit held that two state court warrants to place a GPS tracker on the vehicle of Juan Lopez-Zuniga lacked sufficient indicia of probable cause and could not be saved by the good-faith exception. The Court, however, found two other ...
by David Reutter
“Americans actually have no idea” how often police use force, former FBI director James Comey said in 2016. They also have no inkling how often police officers commit a crime. The reason for that is the federal government does not track such activity.
The Department of Justice ...
by David Reutter
The Supreme Court of Georgia granted a habeas corpus petition and held there was insufficient evidence of asportation to support the kidnapping charges of appellant Jessie Mercer.
Mercer was convicted in 2004 of kidnapping Richard and Parchando Love. He also was convicted of armed robbery and two ...
by David Reutter
The U.S. Court of Appeals for the Ninth Circuit held that an undisclosed connection between an FBI agent and a judge entitled a death row prisoner to the grant of habeas corpus relief. The Court found there was a constitutionally intolerable risk of judicial bias.
Jose Echavarria ...
by David Reutter
The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally reentering the United States in light of the decision in Sessions v. Dimaya, 138 S.Ct. 1204 (2018), together with its own recent case ...
by David Reutter
The U.S. Court of Appeals for the Seventh Circuit held that an Indiana federal district court committed a procedural error in selecting a sentence based on a miscounting of the defendant’s prior felony conviction.
Before the Court was the appeal of Tyrone Miller. He was arrested after ...
by David Reutter
The U.S. Court of Appeals for the First Circuit ruled a defendant was entitled to be resentenced where trial counsel failed to secure a three-level reduction under the federal sentencing guidelines for acceptance of responsibility.
Following a December 17, 2015, search by federal agents of a home ...
by David Reutter
The U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment to police officers who arrested a man for a snarky Facebook post without conducting even a minimal investigation.
James Ross, 20, is an active user of Facebook. One of Ross’ Facebook friends ...
by David Reutter
The Supreme Court of Indiana held that Indiana Code § 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths.
After a motorist informed Indiana Police State Trooper James ...
