by David M. Reutter
A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find that a defendant who enters a plea with the assistance of …
by David M. Reutter
The Supreme Court of Iowa reversed a conviction where the trial court allowed the prosecutor to amend an information at trial and abandon the original charge to bring a more severe charge.
The Court’s opinion was issued in an appeal by Jameesha Renea Allen after a …
by David M. Reutter
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as a “crime of violence” under the career-offender sentence enhancement in U.S. Sentencing Guidelines (“U.S.S.G.”), § 4B1.2(a).
The Court’s opinion was issued in an appeal …
by David M. Reutter
The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that “the added risk of COVID exposure in jail made participants-defendants …
by David M. Reutter
The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s request to withdraw his jury-trial waiver after he rejected the State’s plea offer.
The Court’s opinion was issued in an appeal filed by Jose Cesar Sanchez. He …
by David M. Reutter
The Supreme Court of California issued an order that set the standard of review for motions filed under Penal Code § 1473.7 (Motion to vacate conviction or sentence by person no longer imprisoned or restrained). It then reviewed the motion on appeal and found the movant …
by David M. Reutter
When Nervin Coronado was charged in 2009 with participating in a mortgage fraud scheme, he faced more than just prison time. He faced deportation because he immigrated to the U.S. at the age of 12 and never became a U.S. citizen.
Like others before him, Coronado …
by David M. Reutter
The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose Safety Valve relief on grounds the defendant was a supervisor or manager in a drug conspiracy. It ordered resentencing that was …
by David M. Reutter
The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring him before a judge for two years after arrest. The Court vacated the probation revocation sentence and dismissed the State’s petition to revoke with prejudice.
The …
by David M. Reutter
The Supreme Court of Missouri held that a defendant’s guilty plea was the result of ineffective assistance of counsel due to counsel misinforming the defendant that he qualified for the long-term drug program (“LTDP”) under RSMO § 217.362 that he was, as a matter of law, …
