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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
