by David Reutter
As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry a maximum penalty of less than six months in jail but subject him or her to deportation is entitled to a jury trial ...
by David Reutter
The Supreme Court of Ohio held that a plea court must “advise a criminal defendant on postrelease control for a prior felony, during his plea hearing in a new felony case, of the trial court’s authority under R.C. 2929.141 to terminate the defendant’s existing postrelease control and ...
by David Reutter
The Supreme Court of Indiana held an attorney rendered ineffective assistance by affirmatively marking ‘not applicable’ to an immigration consequences warning on the court’s standard advisement form when he neither knew his client’s status nor asked him.
Angelo Bobadilla, 19, entered a guilty plea to misdemeanor ...
by David Reutter
The Supreme Court of Arkansas held that the defense of justification is available to a defendant charged with manslaughter if the defendant was not reckless or negligent in forming the belief that force was necessary.
The Court had before it the appeal of Christopher Schnarr. It ...
by David Reutter
As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry a maximum penalty of less than six months in jail but subject him or her to deportation is entitled to a jury trial ...
by David Reutter
The U.S. Court of Appeals for the Fourth Circuit ruled that where an erroneous career offender designation raises a defendant’s mandatory prison term, the resulting sentence is fundamentally defective.
The Court further ruled that when a 28 U.S.C. § 2255 petition is inadequate and ineffective to ...
by David Reutter
Physically intruding on the cutilage of an apartment to conduct a dog sniff of the threshold is a violation of the Fourth Amendment, the Illinois Supreme Court held. The court’s holding expanded its precedent to include an unlocked apartment building.
Acting on a tip, East Molina ...
by David Reutter
The U.S. Court of Appeals for the Eighth Circuit ruled that to impose an offense level enhancement on grounds that the defendant “recklessly created a substantial risk of death or serious bodily injury to another person in the course of fleeing from a law enforcement officer” requires ...
by David Reutter
The Supreme Court of California ruled that “when a formerly incompetent defendant has been restored to competence solely or primarily through administration of medication, evidence that the defendant is no longer taking his medication and is again exhibiting signs of incompetence” a “formal investigation before a trial ...
by David Reutter
To fight against government tyranny in the criminal justice system, America’s Founding Fathers enshrined into the Constitution the “right to a speedy and public trial, by an impartial jury.” Plea bargains, however, have become, as the Supreme Court of the United States (“SCOTUS”) said, “not only ...
