by David M. Reutter
The Court of Appeal of California, Fourth Appellate District, held that a prisoner’s constitutional and statutory rights to be personally present at an evidentiary hearing to determine if Senate Bill 1437 prohibits charging him with felony murder were violated. Finding the error was not harmless beyond ...
by David M. Reutter
The Supreme Court of Oregon held that a petitioner’s mental impairments are relevant to whether the escape clause in the statute of limitations applies to postconviction petitions under ORS 138.510.
Matthew Ingle was charged with two counts of second-degree manslaughter and one count of driving under ...
by David M. Reutter
The Supreme Court of Minnesota held that the prosecution committed plain error by repeatedly telling the jury during closing arguments that the defendant no longer had the “presumption of innocence,” entitling the defendant to a new trial.
Christian Portillo was charged in 2019 with two counts ...
by David M. Reutter
The New York Court of Appeals held a trial court erroneously applied New York’s Rape Shield Law to exclude forensic evidence proffered by the defendant to demonstrate that someone else caused the complainant’s injuries.
Sergio Cerda, who was 60 at the relevant time, was charged with ...
by David M. Reutter
False confessions are a problem as old as policing. The Supreme Court of the United States (“SCOTUS”) promulgated rules in 1966 with its holding in Miranda v. Arizona, 384 U.S. 436 (1966), that were designed to create a coercion-free interrogation room. SCOTUS rulings over the last ...
by David M. Reutter
The Supreme Court of Kentucky concluded a trial court abused its discretion by failing to find a juror had evinced “a reasonable ground to believe he or she will be partial.” The Court reversed the defendant’s conviction and remanded for a new trial.
Before the Court ...
by David M. Reutter
The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. After it regained a quorum in 2022, the Commission ...
by David M. Reutter
The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction because the required mens rea for concealment money launderingwas not supported by the evidence or plea record. The sentences for both counts at plea were also vacated.
The facts of the case showed ...
by David M. Reutter
The Supreme Court of Oregon held that “attempted transfer” does not apply “to a person who possesses a large quantity of a controlled substance and takes steps consistent with an intent to transfer it in the future but who has not yet made any effort to ...
by David M. Reutter
The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope of its discretion” and by indicating that policy “disagreements are not a proper basis to vary” from the Sentencing Guidelines. The Court also found ...