by Sam Rutherford
The Supreme Court of Rhode Island held that a police officer lacked reasonable suspicion to conduct an investigative search where the initial detention was based on an unsubstantiated, anonymous tip from a citizen informant that was communicated by dispatch. The fact that the defendant matched the tipster’s ...
by Sam Rutherford
The U.S. Court of Appeals for the Third Circuit held that the Government breached its promise in a plea agreement with the defendant to recommend a sentence at the low-end of the sentencing Guidelines range by emphasizing the “heinous” nature of his crime and its impact on ...
by Sam Rutherford
The Supreme Court of Indiana held that a trial court’s failure to explain the basis for its denial of a defendant’s motion for discharge based on a speedy trial violation was erroneous. The defendant objected to the trial court continuing his trial beyond the speedy trial period ...
by Sam Rutherford
The Supreme Court of Mississippi held that a defendant’s guilty plea to two forged prescription drug charges was not knowing and voluntary because he was not informed of his status as a habitual offender and the corresponding mandatory sentences that flow therefrom.
Background
In 2019, Soweto Ronnell ...
by Sam Rutherford
The Supreme Court of Washington held that a defendant’s judgment and sentence was facially invalid and thus exempt from the one-year time limit for seeking postconviction relief where it included several “washed out” prior juvenile offenses in the offender score calculation which in turn resulted in an ...
by Sam Rutherford
The U.S. Court of Appeals for the Seventh Circuit held that the routine inspection and search of a traveler’s electronics, or for that matter any other type of property, at the border by Customs and Border Protection (“CBP”) agents may be conducted without a warrant, probable cause, ...
by Sam Rutherford
The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing to challenge the search of his cellphone. The Court held that the defendant did not provide valid consent to search the cellphone and that the ...
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Central District of California’s decision denying habeas relief to a prisoner who, after invoking his right to remain silent and to counsel, was interrogated in his jail cell by an undercover ...
by Sam Rutherford
The U.S. Court of Appeals for the Ninth Circuit held that a carjacking conviction under California Penal Code § 215(a) is not categorically a crime of violence under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101-1537, because that state crime does not require proof that the defendant ...
by Sam Rutherford
The Supreme Court of the United States clarified the governing test for determining whether errors defense counsel made during a capital sentencing hearing resulted in sufficient prejudice to require a new sentencing proceeding. Specifically, the Court held that lower courts must weigh the evidence supporting aggravating circumstances ...
