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Articles by David Reutter

Police Misconduct Reform: Forcing Police Officers to Have ‘Skin in the Game’ by Creating Financial Incentives with Insurance Premiums

by David M. Reutter

While a conversation on police brutality and misconduct can evolve into a heated debate, one thing no one argues about is whether or not it occurs, for there is general acceptance that it does. Scholars have produced literature that contributes to the conversation of whether financial ...

Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element

by David M. Reutter

On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was insufficient evidence to support a conviction for possession with intent to distribute 500 grams or more of cocaine ...

California Court of Appeal: Counsel and Sentencing Court’s Misadvisement of Plea’s Immigration Consequences Require Relief From Conviction

by David M. Reutter

The Court of Appeal of California, Second Appellate District, vacated a defendant’s conviction after finding the immigration consequences were not understood when he entered a plea of no contest to a domestic violence charge, which was an aggravated felony under federal immigration law that required deportation. ...

Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a career offender on the ground the conspiracy under 21 U.S.C. § 846 is broader than generic conspiracy ...

Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) “requires a sentencing court to find that a defendant has all three of the listed criminal history characteristics before excluding a defendant from a safety valve eligibility” ...

California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences

by David M. Reutter

The Court of Appeal of California, Second Appellate District, ruled that Miguel Lopez “demonstrated a reasonable probability that if he had been properly advised of the immigration consequences of his plea, he would not have pleaded no contest to an offense that would subject him to ...

Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy

by David M. Reutter

The Supreme Court of Florida held dual convictions for DUI causing damage to property or person – § 316.193(3)(c)(1), Florida Statutes – and DUI causing serious injury – § 316.193(3)(c)(2), Florida Statutes – as to the same victim arising from a single episode violates the prohibition ...

Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession

by David M. Reutter

The Supreme Court of Florida held that for purposes of § 893.135(1), Florida Statutes, a completed drug trafficking by purchase “requires proof that the defendant both (1) gave consideration for and (2) obtained control of a trafficking quantity of illegal drugs.” The Court also instructed that ...

Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant

by David M. Reutter

In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that a Fulton County, Georgia, assistant district attorney is not entitled to absolute prosecutorial immunity in a 42 U.S.C. § 1983 suit for failing to ensure the cancellation or recall ...

Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error

by David M. Reutter

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) by making an unreasonable determination in the downward variance it imposed.

Before the Court was the ...

 

 

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