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Articles by David Reutter

Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act

by David M. Reutter

The U.S. Court of Appeals for the Third Circuit held that when a prisoner seeks resentencing under the First Step Act, a district court has discretion to consider arguments concerning intervening changes of law since the original sentencing and other arguments in favor of a downward ...

Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement

by David M. Reutter

The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the District of South Dakota abused its discretion in rejecting the Government’s request to dismiss four charges as part of a plea agreement.

Josue Alaniz was found seriously injured in ...

Fourth Circuit: Plea Agreement Barred Prosecution of Dismissed Charges After Successfully Appealing Conviction

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held that the Government was barred by a plea agreement from pursuing dismissed charges after the defendant prevailed on appeal in challenging the charge to which he entered a plea of guilty.

Shelby Petties was indicted in ...

Eleventh Circuit Court of Appeals: Rehaif Announced New Rule of Substantive Law and Applies Retroactively to Initial § 2255 Motions

by David M. Reutter

The U.S. Court of Appeals for the Eleventh Circuit held that Rehaif v. United States, 139 S. Ct. 2191 (2019), “announced a new rule of substantive law that applies retroactively” to an initial 28. U.S.C. § 2255 motion.

The Court’s opinion was issued in an ...

Citizen Programs Have Positive Impact for Crisis Calls, Resulting in Fewer Arrests and Hospitalizations for Mental Health Crisis Calls

by David M. Reutter

Several police departments have turned to trained citizens to respond to crisis calls. The results have been positive, as there have been fewer arrests and hospitalizations in these jurisdictions.

The St. Petersburg, Florida, Police Department in 2020 decided not to hire more officers and instead diverted ...

California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea

by David M. Reutter

The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale of methamphetamine, Health & Saf. Code, § 11378, based on its finding that the defendant was not properly apprised by the trial court of the immigration consequences that ...

Indirect DNA Transfer Can Result in Miscarriages of Justice

DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe

by David M. Reutter

Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries and even judges when presented to identify an individual as having contact ...

Vaccine Passports Raise Privacy Issues and Create a Class of Undesirables

by David M. Reutter

The COVID-19 pandemic greatly impacted the liberty of citizens worldwide when it was at its zenith in 2020. It continues to have ramifications, and its next assault may be upon your right to privacy if vaccine passports become the norm.

The initial government response to the ...

California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process

by David M. Reutter

The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert witness from testify in a civil commitment proceeding under the Sexually Violent Predator (“SVP”) Act, Welfare and Institutions Code § 6600, et seq., thereby denying ...

California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively

by David M. Reutter

The Court of Appeal of California, Sixth Appellate District, held that Assembly Bill No. 333, which changed the law on gang-related offenses, applies retroactively. The Court’s opinion reversed the judgments of convictions and remanded for new trials where the issue of guilt is bifurcated from the ...

 

 

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