by David M. Reutter
The U.S. Court of Appeals for the Second Circuit ruled that 18 U.S.C. § 3013 provides for an assessment to be applied on a per-offender basis, not a per-count basis.
Before the Court was the appeal of Paul Haverkamp. He exchanged over 400 messages on the ...
by David M. Reutter
The Supreme Court of Georgia held a habeas corpus petitioner was denied the effective assistance of counsel due to counsel’s failure to advise him of his absolute statutory right to withdraw his guilty plea prior to sentencing.
Morocco Jacobi Wilkey was indicted in 2014 for possession ...
by David M. Reutter
he Supreme Court of Colorado held that the “plea provisio [in Colo Rev. Stat. § 18-1-409(1) (2019)] does not preclude an appeal related to the manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which the sentence was imposed.” ...
by David M. Reutter
The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial was unconstitutional and prejudiced his guilt determination. The majority of the Court’s opinion focused on the proper ...
by David M. Reutter
In a case of first impression, the Supreme Court of Michigan held “that MCR 6.302(B)(2) requires the trial court, in cases where such advice is relevant, to advise a defendant of its discretionary consecutive-sentencing authority and possible consequences of that authority for defendant’s sentence.”
The Court’s ...
by David M. Reutter
The Supreme Court of South Carolina dismissed the State’s appeal of a guilty plea and affirmed denial of motions to reconsider the sentence for recusal of the trial court.
The Court’s order came in an appeal the State brought in the prosecution of Rick Quinn, Jr. ...
by David M. Reutter
As governments act to contain COVID-19, tracing persons who have come in contact with infected persons is at the forefront of the move to contain the disease’s spread. Tracing people via location surveillance may prove to be an effective tool, but at what cost?
The Electronic ...
by David M. Reutter
The U.S. Court of Appeals for the Fourth Circuit held that the district court’s failure to give a defendant notice that he belonged to a class of persons prohibited from possessing a firearm during his plea colloquy constitutes a structural error that requires his guilty plea ...
by David M. Reutter
The U.S. District Court for the Northern District of California rejected the plea agreement that required the defendant to waive his right to seek compassionate relief unless he exhausted all administrative rights of appeal for the Bureau of Prisons’ (“BOP”) failure to bring such a motion ...
by David M. Reutter
In affirming the conviction and death sentence of Sean Alonzo Bush, the Supreme Court of Florida announced it is abandoning the different standard for reviewing wholly circumstantial evidence cases.
Bush was convicted of the brutal attack on his estranged wife Nicole Bush. The couple was separated ...
