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, ...
by David M. Reutter
The City of Albuquerque, New Mexico, paid $7,500 to settle a lawsuit alleging police officers illegally seized, assaulted, arrested, and maliciously prosecuted Robert Alderete. His lawsuit also alleged the officers illegally searched his vehicle.
Alderete entered into a plea agreement on July 31, 2015, that allowed ...
by David M. Reutter
The GEO Group paid $5,000 to settle a lawsuit alleging violations of the Fourth and Eighth Amendments.
Gabriel H. Grado was released on August 4, 2015, from New Mexico's Mental Health Treatment Center after being treated the previous six months for Post-Traumatic Stress Disorder (PTSD), anxiety, and ...
by David M. Reutter
The City of Farmington, New Mexico, paid $100,000 to settle a lawsuit alleging a police officer chasing an unarmed man used excessive force by shooting him three times.
Michael Chavez was in a vehicle pulled over on March 22, 2014, for seat belt violations by City ...
by David M. Reutter
New Mexico's Albuquerque Police Department paid $22,500 to settle a lawsuit alleging officers acted illegally in shooting a citizen's dog.
Officers responded to a 911 call on October 19, 2009, from a woman who refused to give her address and said she no longer needed assistance. ...
by David M. Reutter
The Court of Criminal Appeals of Texas held that Texas Penal Code Section 22.01(b)(2)(A) establishes an element of an aggravated crime and not, alternatively, a punishment enhancement.
The Court’s opinion was issued in response to a petition for discretionary review filed by the State. The review ...
by David M. Reutter
The U.S. Court of Appeals for the Eight Circuit affirmed the suppression of evidence found to be the fruit of an illegal search that resulted after officers responded to a wellness check call.
The Court’s opinion was filed in an appeal brought by the federal Government. ...
