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 ...
by David M. Reutter
The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale of methamphetamine, Health & Saf. Code, § 11378, based on its finding that the defendant was not properly apprised by the trial court of the immigration consequences that ...
DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe
by David M. Reutter
Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries and even judges when presented to identify an individual as having contact ...
by David M. Reutter
The COVID-19 pandemic greatly impacted the liberty of citizens worldwide when it was at its zenith in 2020. It continues to have ramifications, and its next assault may be upon your right to privacy if vaccine passports become the norm.
The initial government response to the ...
by David M. Reutter
The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert witness from testify in a civil commitment proceeding under the Sexually Violent Predator (“SVP”) Act, Welfare and Institutions Code § 6600, et seq., thereby denying ...
