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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
