by David M. Reutter
The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on whether defendants whose convictions were based on plea agreements and waived the right to seek modification of their sentence under ...
by David M. Reutter
When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would take place and who would be likely to commit them. An investigation ...
by David M. Reutter
The U.S. Circuit Court of Appeals for the Sixth Circuit held that Michigan courts unreasonably applied clearly established federal law by allowing a defendant’s appellate counsel to withdraw and failing to appoint replacement counsel. The Court ordered a new first-tier appeal in Michigan courts.
The Court’s ...
by David M. Reutter
"Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate,” begins a new study in the Cardozo Law Review. That study, “The Shadow Bargainers,” used the responses of 579 attorneys to ...
by David M. Reutter
The Maryland Court of Appeals ruled that in giving advice of rights police officers must use methods that reasonably convey the warnings and rights contained in Maryland’s implied consent statute. The Court’s ruling discusses whether reading a form in English to a driver with limited English ...
by David M. Reutter
The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, 139 S. Ct. 2191 (2019).
Robert Triggs was indicted in May 2016 ...
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 ...
