by David M. Reutter
THe Supreme Court of Hawaii held where defendant was precluded from discretionary relief from deportation as result of her plea of no contest to an aggravated felony charge, counsel was ineffective for advising her that it was “almost certain” that she would be deported when in ...
by David M. Reutter
The developmentally immature decision-making decisions of child defendants makes them “likely to be systematically pleading guilty to crimes that they did not commit in predictable circumstances,” concluded a study by Rebecca K. Helm from England’s University of Exeter Law School. To protect children from such an ...
by David M. Reutter
When the justice system fails a criminal defendant, the last hope is clemency. The rash of 70 pardons and commutations in the waning days of the Trump presidency show that the clemency process is an inadequate alternative to criminal justice reform.
Steve Bannon, a former White ...
by David M. Reutter
"Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds,” President John Adams once declared.
That warning ...
by David M. Reutter
The Supreme Judicial Court of Massachusetts found a trial court abused its discretion when it excluded an expert who sought to testify as to the cultural significance of a tattooed symbol on an alleged victim’s arm.
The Court’s order was issued in an appeal brought by ...
by David M. Reutter
The Court of Appeal of California, First Appellate District, Division Three, reversed a guilty plea where a trial court approved a plea bargain for human trafficking of a minor for a sex act because it was undisputed that the victim was an adult. The Court held ...
by David M. Reutter
The U.S. Court of Appeals for the Eighth Circuit remanded for resentencing on a defendant’s guilty plea because the U.S. District Court for the Northern District of Iowa improperly assessed a destructive-device enhancement.
The Court’s opinion was issued in an appeal by Adrian Zarate. He pleaded ...
by David M. Reutter
The Supreme Court of Mississippi reversed a defendant’s conviction after finding the State failed to prove he conspired with anyone to distribute methamphetamine.
The Court’s en banc ruling was issued in an appeal brought by Duane Robert Henderson. After April Newman was contacted on the internet ...
by David M. Reutter
The Supreme Court of New Mexico held that a magistrate court committed constitutional error by accepting a defendant’s plea of no contest without the assistance of counsel. The Court said the “case serves as a reminder that fundamentals constitutional rights cannot be jettisoned for the sake ...
By David M. Reutter
A New Mexico state court jury awarded $10,342,558 to the Estate of Kenneth Ellis, III. The jury found that Albuquerque police officer Brett Lampiris-Tremba used excessive force in using and killing Ellis.
Lampiris-Tremba and officer Byron Economidy were working with a unit on January 13, ...
