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New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived D...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Background Evidence, Prejudice - Potential for Undue, Bad Acts Evidence, Improper Comments, Plain Error
New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial by David Reutter by David M. Reutter The Supreme Court of New Jersey unanimously reversed the defendant’s controlled dangerous substances …
Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Base...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Waiver of Appeal Rights, Failure to Object, Revocation Proceedings, Conditions of, Plain Error
Fourth Circuit Clarifies Revocation Appeal Provides “Procedurally Appropriate Mechanism” for Raising Rogers Challenge to Unannounced Supervised Release Conditions, Vacates Revocation Judgment Based on Null Standard Conditions by David Reutter by David M. Reutter The United States Court of Appeals for the Fourth Circuit vacated a supervised release revocation judgment and …
Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome
Article • March 1, 2026 • from CLN April, 2026
Filed under: Preservation of Appellate Rights/Issues, Failure to Object, Hearsay Evidence, Confrontation Clause, Plain Error
Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome by Douglas Ankney by Doug Ankney Sitting en banc, the Supreme Court of Delaware vacated the defendant’s convictions and remanded, holding that the prosecution’s use of indirect hearsay evidence violated …
Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses
Article • March 1, 2026 • from CLN April, 2026
Filed under: Sex Offender Registration and Notification Act, Qualifying Offenses, Plain Error, Elements of Offense, Miscalculation of the Guidelines Sentencing Range
Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses by Douglas Ankney by Doug Ankney The United States Court of Appeals for the Fifth Circuit vacated a defendant’s sentence for failing to register as a sex offender under the Sex Offender …
First Circuit: Prosecutor’s Breach of Plea Agreement 
Requires Government’s Specific Performance of Agreement, 
Not Specific Performance by District Court
Article • August 1, 2025 • from CLN August, 2025
Filed under: Failure to Recommend the Sentence Promised, Plain Error, Plea Agreements/Guilty Pleas, Acceptance/Rejection by the Court
First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court by David Reutter The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered …
Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of P...
Article • April 15, 2025 • from CLN May, 2025
Filed under: Sentence Enhancements/Departures, Joint Participant, Scope/Standard of Review
Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1 by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the Fourth Circuit held that …
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand
Article • January 15, 2024 • from CLN January, 2024
Filed under: Mandate Rule, Sua Sponte Changes, Principle of Party Presentation, Plain Error, Miscalculation of the Guidelines Sentencing Range, Reduction of Sentence
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch by Richard Resch In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua …
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief
Article • May 15, 2023 • from CLN June, 2023
Filed under: Death Penalty, Scope of Forfeiture, Grounds for Relief
Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief by Dale Chappell by Dale Chappell Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in …
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error
Article • January 15, 2023 • from CLN February, 2023
Filed under: U.S. Sentencing Guidelines, Plain Error, Amendment/Variance
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter 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”) …
Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice
Article • November 15, 2022 • from CLN December, 2022
Filed under: Scope of Forfeiture, Plain/Harmless Error
Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Michigan announced that a forfeited structural error automatically satisfies the third prong of the plain error standard without a showing …