by David M. Reutter
The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for further proceedings.
Tyler Clapp was stopped on July 6, 2018, after being observed “spinning cookies” in ...
by David M. Reutter
The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and that the law may be challenged on direct appeal.
Eddie Maddox entered guilty pleas on September 30, 2019, to two counts ...
by David M. Reutter
The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement requiring that it recommend a suspended sentence.
Shane Michael Davis pleaded guilty on November 25, 2019, after reaching a plea agreement with the prosecutor. ...
by David M. Reutter
The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising him to reject a favorable plea agreement without having reviewed the case file.
David L. ...
by David M. Reutter
The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously been found indigent, the reviewing court must make a prejudice determination under the ineffective assistance of counsel analysis.
The Court’s decision ...
by David M. Reutter
The Supreme Court of Michigan held a trial court erred in denying a defendant’s request for a self-defense instruction on the basis that a defendant who claims another person committed the homicide is not entitled to a self-defense instruction. It also held it was improper ...
by David M. Reutter
The admission of expert opinion based on science is powerful evidence that is supposed to assist the jury in determining the truth surrounding an event. When a flawed opinion comes into play, the scales of justice become tilted.
Those scales were titled when Dr. Matthew Cox ...
by David M. Reutter
More light must be shed on the plea-bargaining process, concludes a law review article published by Texas A&M University School of Law.
Transparent data is needed to “promote negotiation effectiveness, competence in representation, and procedural justice.”
The article was written by Andrea Kupfer Schneider, law ...
by David M. Reutter
The U.S. Court of Appeals for the Seventh Circuit vacated the sentences imposed via plea agreements of two defendants due to errors regarding the mandatory minimum sentences they would have faced. The Court held that their prior state convictions were not prior drug convictions under federal ...
by David M. Reutter
The Supreme Court of Iowa reversed a motion court’s denial of a motion to suppress. The Court held a police officer failed to develop a reasonable suspicion of other criminal activity before unreasonably prolonging a traffic stop.
Johnson County Sheriff Office Deputy Cody O’Hare was responding ...
