by David M. Reutter
In the wake of the “tough on crime” era of politics that pervaded the 1990s and 2000s, politicians and bureaucrats have found it popular to use criminal laws to address every societal problem and to punish every mistake via agency regulations. The phenomenon known as “overcriminalization” ...
by David M. Reutter
The Supreme Court of Utah held that under Utah Code § 78A-7-118(3) “a criminal defendant’s appeal of a guilty plea made in justice court does not void that court’s conviction, sentence, and commitment.”
The Court’s January 28, 2021, opinion was issued in an appeal brought by ...
by David M. Reutter
The Supreme Court of North Carolina held a trial court erred in refusing to accept a criminal defendant’s tendered guilty plea because he refused to admit that he was factually guilty.
The Court’s December 18, 2020, opinion was issued in an appeal brought by Kenneth C. ...
by David M. Reutter
Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that is wired to both defendants accepting the plea offer.
In the case under review, the District ...
by David M. Reutter
The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a plea withdrawal prior to sentencing, the correct disposition is to remand to the district court to ensure ...
by David M. Reutter
The U.S. Court of Appeals for the Eleventh Circuit held Private Probation Services, Inc., (“PPS”) acted in a quasi-judicial capacity by making sentencing decisions and that it was not impartial because its revenue depended on whether and how it made those decisions. The Court further held ...
by David M. Reutter
More can be done to enhance the documentation and transparency in plea bargaining, argues Jenia I. Turner’s article in the Notre Dame Law Review. The article reviewed the plea bargaining laws and practices in the U.S. It also proposed “concrete areas in which transparency can ...
by David M. Reutter
The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs.
The Court’s opinion was issued in an appeal brought by Gregg A. Loughbom. He was convicted by a jury in October ...
by David M. Reutter
The Supreme Judicial Court of Massachusetts vacated a defendant’s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held that “where a defendant makes a good faith claim that a deliberating juror reported that racial bias infected the jury’s deliberations, a ...
by David M. Reutter
The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.”
The Court’s August 12, 2020, opinion was issued in an appeal by Demitres Robertson. She was ...
