by David M. Reutter
The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government to withdraw consent to a lesser included, but not indicted, offense where the U.S. District Court for the Western District of Kentucky ...
by David M. Reutter
When civil asset forfeiture laws were made applicable to criminal defendants, the purpose was to ensure criminals lost the illicit gains from their criminal activities after conviction. A case in Kentucky shows how prosecutors can use their unbridled charging discretion to force defendants to agree to ...
by David M. Reutter
The U.S. Court of Appeals for the Fourth Circuit held that a defendant’s convictions under South Carolina law for possession of marijuana with intent to distribute in proximity to a school are not a categorical match under the Armed Career Criminal Act (“ACCA”) because the state’s ...
by David M. Reutter
The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after finding the U.S. District Court for the Northern District of Oklahoma failed to ensure that his plea was knowingly and voluntarily made.
John Michael McIntosh pleaded guilty to five counts of ...
by David M. Reutter
In an article that appeared in the Akron Law Review, Ohio Supreme Court Justice Michael P. Donnelly detailed his experience, concerns, and solutions to create a fair playing field in the arena of plea bargaining. He called for an end to “sentencing by ambush” after ...
by David M. Reutter
For persons inexperienced with the criminal justice system, it seems incomprehensible that an innocent person would plead guilty. The threat of a trial penalty, however, pushes many innocents to do just that. The cases of Pamela Moses and Levonta Barker illustrate how prosecutors abuse their discretion ...
by David M. Reutter
The Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and cannot support an aggravating factor as to whether the defendant would commit another offense under N.J.S.A § 2C:44-1(a)(3).
That holding was issued in an ...
by David M. Reutter
In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 U.S.C. § 3553(a), it was procedurally unreasonable for the U.S. District Court for the District of Kansas to impose a harsher sentence upon a ...
by David M. Reutter
Success in having a court record expunged may shroud it from public records disclosure, but where one lives determines if there is a right to be forgotten. Some states have automatic expungement laws, but the right to be forgotten by the media is another matter entirely. ...
by David M. Reutter
The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants who were on trial for home invasion and felonious assault.
Jeremiah and Micheline Leffew moved to Michigan in September 2017 and moved in with Jeremiah’s ...
