Vol. 10 Issue 3 - 3/30/11


Defense Lawyers Praise Governor For Ending Illinois' Death Penalty

    In response to the historic event in Illinois on March 9, 2011 ending the death penalty for state crimes, the President of NACDL, Jim E. Lavine, issued the following statement of thanks to Gov. Patrick Quinn:

      On behalf of more than 10,000 members of the National Association of Criminal Defense Lawyers and the 40,000 members of our affiliate organizations across the country and around the world, I want to personally thank and congratulate Governor Patrick J. Quinn for his crucial and decisive action today.
    To read the entire statement and for more information, please click here.

White House to Resume Military Commissions; Indefinite Detention Also Approved

    On March 7, 2011, President Obama issued an Executive Order lifting the ban on military commission prosecutions at Guantanamo Bay, Cuba, and institutionalizing the practice of indefinite detention for detainees the administration prefers not to prosecute at all, many of whom were subject to so-called “enhanced interrogation techniques” and prolonged secret CIA detention. NACDL still opposes military commission proceedings and unlawful indefinite detention.

    For more information, please click here.

Diverse Coalition Releases 'Criminal Law Checklist for Federal Legislators' at Capitol Hill Briefing

    As part of an ongoing, multi-front effort to rein in the burgeoning problem of overcriminalization, NACDL, joined by the Heritage Foundation and the Texas Public Policy Foundation, held a briefing on Thursday, March 24, 2011, on Capitol Hill for media and congressional staffers focused on overcriminalization in the Dodd-Frank Act. At that briefing, the groups released a Criminal Law Checklist for Federal Legislators. This checklist, which was jointly prepared and issued by these three organizations and the Washington Legal Foundation, provides common sense guidance for legislators considering the introduction or passage of any criminal law on the federal level.

    “This checklist is another tool to rein in the twin problems of overcriminalization and the overfederalization of criminal law. NACDL is providing it to lawmakers as part of an ongoing effort in concert with like-minded organizations from across the political spectrum,” explained Shana-Tara Regon, director of white collar crime policy at NACDL. “There are already approximately 4,500 federal crimes in the code and tens of thousands in the regulations. The checklist presents precisely the questions that justice, fairness and common sense dictate must be fairly answered before Congress adds to them.” 

    For more information, please click here.

Project Seeking Examples of Acquittals or Dismissals Based on Innocence

    The Preventing Wrongful Convictions Project, a federally funded social science research project that examines how the criminal justice system deals with innocent defendants, is looking for examples of cases where the conviction of an innocent defendant was averted. Funded by the National Institute of Justice and with assistance from the Innocence Project, the project compares felony cases that ended in an official exoneration with those in which defendants had charges dismissed or were acquitted on the basis of their factual innocence.

    Currently, researchers are working to identify cases of dismissal or acquittal for further review. To submit case information, which can be submitted anonymously, please click here.

2011 Champion of Indigent Defense Award

    The NACDL Champion of Indigent Defense Award recognizes an individual for exceptional efforts in making positive changes to a local, county, state, or national indigent defense system. Although the outstanding representation of every indigent defendant is one of NACDL’s foremost goals, this award is intended to highlight efforts toward positive systemic changes through legislation, litigation or other methods and not the outstanding representation of individual clients.

    The Champion of Indigent Defense Award is awarded annually at an NACDL quarterly meeting.

    Nomination Guidelines
    Nominations may be made by any individual or group and must include:

    • The name, title, address and phone number of the nominating person/group.

    A summary, not to exceed two (2) single-spaced pages, of:

    1. The problems that exist(ed) in the relevant indigent defense system.
    2. The efforts made by the nominee to improve the system (e.g., coalitions formed, legislation proposed, task forces created, litigation initiated).
    3. The number of years the nominee has been involved in efforts to improve indigent defense and a brief history of the nominee’s legal career.
    4. Any changes that have been made in the system as a result of the nominee’s efforts.

    Any supplementary materials — such as brochures, reports, or news articles — also may be included. Unlimited letters of support may be submitted. Nominations must be postmarked or emailed by May 1, 2011, and sent to: NACDL Champion of Indigent Defense Award, Attn: Patrick Veasy, 1660 L Street, NW, 12th Floor, Washington, DC 20036 or patrick@nacdl.org (subject line: Champion of Indigent Defense Award).

    Eligibility and Selection
    The recipient shall be selected by the co-chairs of the NACDL Indigent Defense Committee upon the recommendation of the Indigent Defense Award Subcommittee. It is not necessary that the nominee be a lawyer; non-lawyer advocates and reformers will be considered. The Co-chairs of the Indigent Defense Committee and the members of the Indigent Defense Award Subcommittee are not eligible to receive this award but may submit nominations.

NACDL Public Affairs Staff Unveils New Member Benefit

    NACDL is now offering a terrific and free new member benefit from NACDL’s Public Affairs and Communications Office: NACDL's Daily Criminal Justice Briefing. Each morning, Briefing Editors Jack King and Ivan Dominguez collect and compile news items of particular interest to the criminal defense bar from around the world and provide links and summaries in a daily email update. In addition, subscribers will receive breaking news stories and links to Supreme Court decisions as they happen. The goal is to provide the resources necessary to ensure that the criminal defense bar is informed and current on a wide range of criminal justice news, legal developments, analysis and commentary.

Announcement of 2011 NACDL Election and Applicable Procedures

    The 2011 election process for NACDL’s Board of Directors and Officer positions is about to get underway. This year, NACDL members will elect nine members of the Board of Directors, as well as President-Elect, First Vice President, Second Vice President, Treasurer, and Secretary.

    All rules governing the conduct of NACDL elections may be viewed at www.nacdl.org/Elections, and a copy of those rules may be obtained by contacting Daniel Weir at daniel@nacdl.org.

    All NACDL members are highly encouraged to nominate qualified candidates. It is also highly recommended to send submissions of candidacy early, however, the deadline for submissions of candidacy to the Nominating Committee is 5:00 PM, Eastern Time on Monday, April 25, 2011.

    For more information, click here.

Notice of Proposed Bylaws Change

    Pursuant to Article XIII, Section 1 of the Bylaws, this shall serve as notice of a proposed amendment to the NACDL Bylaws. On February 19, 2011, at a regularly scheduled meeting in San Antonio, Texas, the Board of Directors voted to submit a proposed change to the membership. The membership will vote on proposed changes to NACDL's Bylaws at the Annual Membership Meeting on August 6, 2011, in Denver, Colorado.

    The amendment can be found here.

    The reason for the proposed change is described in the Action Report.

Upcoming NACDL Events and Seminars

    NACDL’s Renowned White Collar Seminar goes to the West Coast!
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    NACDL’s 1st Annual White Collar Seminar on the West Coast will be held at the luxurious Hyatt Regency Lake Tahoe Resort, June 16-17, 2011. If you’ve attended a previous NACDL White Collar Seminar, then you know this premier training is ideally suited to arm you with the necessary information and skills to effectively take on your next white collar case. If you haven’t attended in the past – we’ve just made your decision a little easier!

    This is a fantastic opportunity to earn vital CLE credits, all in beautiful Lake Tahoe, and take a family getaway. The Seminar will occur during the prime Spring season in Tahoe, which means the activities are endless, including: golf, hiking, swimming, sailing on the Hyatt's private Catamaran, casino gambling, children's arcade, and more. Because of the multitude and wide-variety of outdoor and indoor activities available at this destination, NACDL encourages registrants to consider bringing your family and extending your stay.

    Seminar Topics will include:

    • Handling the Unique Challenges of High-Profile Defense
    • Hot Topics in Criminal Antitrust
    • National Security Issues that Arise for the Regular Practitioner
    • FCPA Defense
    • White Collar Sentencing
    • Getting Paid When Your Clients’ Assets are Frozen
    • Ethical Considerations of Witness Contact & More
    Make your plans early for NACDL’s Annual Meeting – Peak to Peak The Summit of Cross!
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    Take your courtroom skills to new heights by mastering the art of cross-examination at NACDL’s Annual Meeting in Denver, August 3-6, 2011.

    This program’s nationally-renowned faculty will delve into a wide-array of presentations specifically focused on the most challenging areas of cross-examination. Topics will range from crossing children in sexual assault cases, to grilling detectives about their coercive interrogation practices and questioning law enforcement officers in DWI cases.

    In many ways, cross is the most fun part of trial practice, but it is even better when you have the necessary skills to take it to the next level.

    Peak your courtroom performance—join us in Denver, and markedly improve your cross-examination skills!

The 20th Annual National Seminar on the Federal Sentencing Guidelines

    SAVE THE DATE!
     The 20th Annual National Seminar on the Federal Sentencing Guidelines will be held on May 4-6, 2011, at the Buena Vista Palace Hotel and Spa in Orlando, Florida. The event is sponsored by NACDL, the Tampa Bay Chapter of the Federal Bar Association and the ABA Criminal Justice Section.

    With 20 years of cutting edge law and practice pointers on the Federal Sentencing Guidelines, this year's conference will cover the latest on sentencing in drug offenses, firearms offenses, fraud and theft, immigration offenses, healthcare fraud, mortgage fraud, securities cases, child pornography and the Adam Walsh Act, departures and variances, relevant conduct, sentencing alternatives and reentry, Chapter 3 adjustments, plea bargaining, Bureau of Prisons issues, updates on federal sentencing laws, and much more!

NACDL's 10th Annual State Criminal Justice Network Conference

    SAVE THE DATE!
     NACDL’s 10th Annual State Criminal Justice Network Conference,Strengths, Weaknesses, Opportunities, and Threats: Lessons from the Past Decade & Strategies for the Future, will be held August 4-5, 2011, in Denver, Colorado.

    Please check for updates at www.nacdl-statecrimjustice.org or contact NACDL's State Legislative Affairs Director Angelyn Frazer at angelyn@nacdl.org or at (202) 872-8600 x242 for more information.

    SWOT is a strategic planning tool used to evaluate internal and external strengths, weaknesses, opportunities and threats of an organization or business. Please join us as we incorporate this model to review and celebrate 10 years of state criminal justice reform efforts & successes and work to develop a roadmap for future reforms.

LACDL's 21st Annual Law & All That Jazz CLE Seminar 

    Register Now!
     The Louisiana Association of Criminal Defense Lawyers presents its 21st Annual Law & All That Jazz CLE Seminar on April 28-30, 2011, in New Orleans, Louisiana. The seminar takes place at the Renaissance Pere Marquette hotel and space is limited to receive the event's discounted room rate.

NACDL's First Champion of State Criminal Justice Reform Award

    The NACDL Champion of State Criminal Justice Reform Award will recognize an individual or group whose exceptional efforts have led to positive changes to reform a state criminal justice system.

    The award shall be presented annually at the State Criminal Justice Network Conference or at such other time as determined by the State Legislative Affairs Committee chairs.

    Nomination Guidelines
    Nominations may be made by any state affiliate, advocacy group or individual or NACDL’s state legislative affairs director and shall be submitted in accordance with the guidelines and deadline and include such information as determined by the State Legislative Affairs Committee chairs. Nominations shall be sought through advertising in The Champion, NACDL's Website, requests for nominations from the state affiliates and other national and local organizations that focus on criminal justice reform, and other appropriate outlets.

    Eligibility and Selection
    The recipient shall be selected by the members of the NACDL State Legislative Affairs Committee.

    It is not necessary that the nominee be a lawyer; non-lawyer advocates and reformers will be considered. The Chair and Vice Chair of the State Legislative Affairs Committee are not eligible to receive this award but may submit nominations.

    For more information about the award process and deadlines please contact NACDL's State Legislative Affairs Director Angelyn Frazer at angelyn@nacdl.org.

Contribute to NACDL's Brief & Motion Bank!

    One of the great benefits you get as a member of NACDL is our Brief and Motion Bank, containing almost 400 documents across over 50 topics. We hope you will also help tostrengthen it for the benefit of other members. Do you have a brief or motion with which you are particularly pleased? Maybe one that involved an in-depth discussion of thecase law, had an especially creative argument, or addressed an unusual situation?Just as using the NACDL Brief & Motion Bank saves you time, obviating the need to start from scratch when you’re already pressed for time, documents you donate to the bank will help your fellow NACDL members in the same way.

    We encourage submissions on any topic. Please take a look at what’s there, and think about what documents you’ve written that would enhance the value of the Brief and Motion Bank for other NACDL members. If you would like more information, please contact NACDL's Resource Counsel Vanessa Antoun at vanessa@nacdl.org.

Want to Reduce Your NACDL Dues? How About Win a Free Apple iPad?

    How would you like to get a reduction of $25, $50 – up to $125 off your NACDL membership dues next time you renew? Who wouldn’t?

    It’s easy. All you have to do is persuade other defense lawyers to become members of NACDL! You know lots of other defense lawyers, right? Some of them are probably not NACDL members. So, just mention to them that you’re a member, or mention an articleyou recently read in The Champion, or something you learned from one of the NACDLlistservs. Tell them about one of our great CLE events you’ve attended, or a CLE video you own. Maybe it’s the great connections you’ve made through NACDL or referrals from the free public “Find-A-Lawyer” directory. Talk about why you joined NACDL, and why you’ve remained a member. For each new member you refer, we’ll take $25 off your next membership renewal, up to $125. All they need to do is join using this form and write in your name in the “referred by” space. And – so there’s something in it for everyone – we’ll give your new member prospects a full 15 months of member benefits for the price of 12.

    The member who successfully encourages the most new members to join will win a free Apple iPad! Many of your colleagues have already recruited new members, so hurry! Members who recruit new members will be listed in The Champion each month. The contest ends August 3, 2011, with the start of NACDL's 2011 Annual Meeting & Seminar in Denver, Colorado.

    If you’re not already an NACDL member, find one and ask them to invite you to join!

    Questions? Contact NACDL's Membership Director Michael Connor at (202) 872-8600 x254 or michaelc@nacdl.org.

Do You Know a Member of Congress?

    A grassroots network is an essential part of our policy success. NACDL needs your help to achieve its policy goals.

    Do you know a Member of Congress? Maybe you went to law school with a congressman, or shared law office space with a senator. If so, please contact National Affairs Assistant Patrick Veasy at patrick@nacdl.org or (202) 872-8600 x238.

    All information will remain confidential.

Where in the World is NACDL?

    From March 2-4, 2011, Director of White Collar Crime Policy Shana Regon attended the ABA’s National Institute on White Collar Crime in San Diego, California. Panel topics included developments and trends in securities fraud enforcement, global internal investigations, money laundering and asset forfeiture, and motions practice in criminal cases.

    On Thursday, March 17, 2011, Counsel for White Collar Crime Policy Tiffany Joslyn, Associate Executive Director for Policy Kyle O'Dowd and National Affairs AssistantPatrick Veasy attended a public hearing at the United States Sentencing Commission in Washington, DC. NACDL President Jim Lavine submitted a written statement and testified on behalf of NACDL on "Proposed Amendments to the Sentencing Guidelines and Issues for Comment."

    On Tuesday, March 22, 2011, Executive Director Norman Reimer, State Legislative Affairs Director Angelyn Frazer, Associate Executive Director Policy Kyle O'Dowd and National Affairs Assistant Patrick Veasy attended a Capitol Hill Briefing in Washington, DC, on U.S. drug courts and the Portugal model. Norman Reimer participated as a panelist at the event and spoke about NACDL's report, America's Problem-Solving Courts: The Criminal Costs of Treatment and the Case for Reform.

    On Thursday, March 24, 2011, Director of White Collar Crime Policy Shana Regonmoderated the NACDL Co-Sponsored Hill education event, Overcriminalization 101: The Dodd-Frank Act as Case Study, at the Capitol Hill Visitor’s Center in Washington, DC. Deputy Director of Public Affairs & Communications Ivan Dominguez, Counsel for White Collar Crime Policy Tiffany Joslyn and Associate Executive Director for Policy Kyle O’Dowd also attended this event.

    From March 25-26, 2011, Executive Director Norman Reimer, Education AssistantAkvile Athanason, Sales & Marketing Director James Bergmann, Associate Executive Director for Programs Gerald Lippert and Education Assistant Doug Reale attended NACDL & CACJ's 4th Annual Forensic Science Seminar in Las Vegas, Nevada.

NACDL on Twitter

    Several months ago, NACDL officially launched its Twitter account @NACDL. NACDL now has 607 followers on twitter. Getting set up on Twitter is easy and free, just visithttp://twitter.com/ and click "Get Started -- Join." You can even watch an instructional video by clicking the "Watch a Video" button on the top right of the welcome screen before you join. Once you've set up your account, click "Find People" on the top right hand side of the screen and search for "NACDL" (no quotation marks necessary). Then, you just need to click the "Follow" button. Thereafter, everything we post to Twitter will come through on your Home page feed, like a news wire service. You can also check out NACDL's Tweet by simply clicking http://twitter.com/NACDL

    It is suggested that you familiarize yourself with the "terms" of use to which you can link from the bottom of the screen on Twitter. Also, please note that the fact of your following NACDL on Twitter, as well as your posts, are generally visible to the public. Information about blocking people from following you, as well as all other information concerning privacy and usage issues, is available on the Twitter site.

    Please send any thoughts or recommendations about NACDL's Tweeting to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at ivan@nacdl.org.

NACDL on Facebook

    Last year, NACDL went live on Facebook with both a Members Group and a Public Page. The NACDL Members Group now numbers 440 and the NACDL Public Page on Facebook now counts over 1,640 fans following NACDL's work. Because the NACDL Public Page now has over 1,000 fans, the Page has its own vanity URL,http://www.facebook.com/NACDL, which makes it easier to share NACDL's work with all of your friends and colleagues. Through this initiative, selected NACDL content such as press releases, CLE information and materials, information on becoming a member, and similar publicly-available NACDL content, is being distributed through Facebook.

    You should be aware that, to some degree, Facebook permits you to control what information others see about you on Facebook, just go to "account" on the top right and within that "privacy settings" as you set up or adjust your account settings. Please be aware that, if you join, you will be listed on Facebook as a member of this group and your profile will be accessible in accordance with your settings and Facebook’s policies. So be sure to fully acquaint yourself with Facebook's terms of service and privacy representations as you carefully consider whether to join and, if you do, what information you post, exchange, or message through this platform. 

    You can use these links to get directly to NACDL on Facebook: (i) NACDL Members-Only Group, and (ii) NACDL Public Page. And if you are not on Facebook, signing up is free and easy at www.facebook.com. Please send your thoughts or recommendations about NACDL's Group and/or Page on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at ivan@nacdl.org.

Recent Amicus Curiae Briefs Posted on NACDL Website

    Harrington v. Richter, U.S. Sup. Ct., No. 09-587, decision below 578 F.3d 994 (9th Cir. 2009), decided 1/19/11 (reversed). Habeas Corpus—Ineffective Assistance of Counsel—AEDPA—Deference to State Court Decisions. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of respondent. Argument: AEDPA deference to a state court’s summary disposition does not apply in an ineffective assistance of counsel claim because the plain language of 28 U.S.C. §2254(d) authorizes deferential treatment only after that decision has been subjected to the analyses prescribed in (d)(1) and (d)(2). Where the state court’s decision fails to provide the information necessary to facilitate those analyses, however, the process Congress prescribed cannot be carried out. Held: Section 2254(d) applies to respondent Richter’shabeas petition, even though the state court’s order was unaccompanied by an opinion explaining the court’s reasoning. Authors: John H. Blume and Keir M. Weyble, Cornell Law School, Ithaca, NY.

    George v. Louisiana, U.S. Sup. Ct., No. 10-1017, opinion below 34 So.3d 941 (La. 2010) (consolidated cases). Sixth Amendment – Right to Jury Trial – Sentencing Enhancement.Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorariQuestion presented: Is a defendant’s constitutional right to trial by jury violated when the maximum sentence is increased from six months to twenty years based on a prior adjudication at which a defendant had no right to a jury trial?Argument: The majority of American citizens who interface with the criminal justice system do so through a vast web of petty offenses – such as driving under the influence, possession of marijuana, simple assault – for which the Constitution does not guarantee a jury trial. When such minor non-jury triable misdemeanor convictions are used as elements of subsequent serious felony offenses, the defendant is denied his right to have a jury determine each essential element of this felony offense in violation of the Sixth and Fourteenth Amendments. Authors: Timothy P. O’Toole, Miller & Chevalier Chartered, Washington, D.C. and Thomas M. Nosewicz, New York, NY.

    Greene v. Fisher, U.S. Sup. Ct., No. 10-637, decision below 606 F.3d 85 (3rd Cir. 2010).Habeas corpus – AEDPA – Teague Retroactivity. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorariArgument: The court of appeals held that a habeas petitioner may only obtain relief on the basis of a “new rule” if the Supreme Court has announced it by the date of a petitioner’s last state court decision on the merits; this interpretation of “clearly established federal law” would create a class of petitioners theoretically entitled retroactive application of new rules but unable to obtain habeas relief. Authors: Jeffrey T. Green, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwester Univ. Supreme Court Practicum, Chicago, Ill.

    J.D.B. v. North Carolina, U.S. Sup. Ct., No. 09-11121, decision below 686 S.E.2d 135 (N.C. 2009), argument TBA. Juveniles—Interrogation—MirandaAmicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner. Question presented: Whether a court may consider a juvenile’s age in a Miranda custody analysis in evaluating the totality of the circumstances and determining whether a reasonable person in the juvenile’s position would have felt he or she was not free to terminate police questioning and leave. Argument: The age of the person questioned may, consistent withMiranda, be part of the custody analysis; considering age as part of the custody inquiry does not impose any burdens on law enforcement and is consistent with Miranda’s policy goal to provide clear guidelines to law enforcement. Authors: Jeffrey T. Green, Mark D. Hopson, Stephanie P. Hales, Sidley Austin, Washington, D.C.

    Maples v. Allen, U.S. Sup. Ct., No. 10-63, case below 586 F.3d 879 (11th Cir. 2009). Death Penalty—Habeas Corpus—Procedural Default—Adequate State Grounds. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorariFacts: The petitioner, a death row inmate, did not receive notice of an Alabama state court order denying his claims of federal constitutional error because the order was erroneously sent to an out of state law firm which returned it unopened. The state then waited until the time for appeal had elapsed before notifying the petitioner of the order, and the petitioner missed the deadline for his state court appeal. The U.S. Court of Appeals for the Eleventh Circuit held that the state’s application of its procedural rule barring the petitioner’s state appeal as untimely was constitutionally adequate and thus federal habeas review should be denied. ArgumentCertiorari should be granted because the petitioner was blameless for the default and the state’s own conduct contributed to the default; this case should be considered in light of Martin v. Walker, No. 09-996, decided 02/23/11. Authors: Lisa S. Blatt, Anthony J. Franze and Michael Tye, Arnold & Porter, Washington, D.C.

    McNeill v. United States, U.S. Sup. Ct., No. 10-5258, decision below 598 F.3d 161 (4th Cir. 2010), argument TBA. Armed Career Criminal Act—Definition of Prior “Serious” Drug Offense. Amicus curiae brief of the National Association of Criminal Defense Lawyers (NACDL) and Families Against Mandatory Minimums (FAMM). Background: The Armed Career Criminal Act (ACCA) applies to a person who “violates [18 U.S.C.] section 922(g)” and “has three previous convictions . . . for a violent felony or a serious drug offense.” 18 U.S.C. §924(e)(1). A “serious drug offense” is defined in relevant part as “an offense under State law . . . for which a maximum term of imprisonment of ten years or more is prescribed by law.” The Fourth Circuit Court of Appeals affirmed the district court’s classification of petitioner’s North Carolina drug offenses as “serious drug offenses” under the ACCA, even though at the time of petitioner’s federal sentencing, North Carolina’s current sentencing law did not prescribe a maximum term of imprisonment of at least 10 years for those drug offenses. Question presented: Whether the plain meaning of “is prescribed by law” [note present tense] which ACCA uses to define a predicate “serious drug offense” requires a federal sentencing court to look to the maximum penalty prescribed by current state law for a drug offense at the time of the instant federal offense, regardless of whether the state has made that current sentencing law retroaction.Argument: The text and instruction of the ACCA require consideration of the “seriousness” of a drug offense at the time of the federal firearms violation; the government’s rule would create unnecessary complexity and uncertainty. Authors: Jonathan D. Hacker and Meaghan McLaine VerGow, O’Melveney & Meyers LLP, Washington, D.C.

    Pepper v. U.S., U.S. Sup. Ct., No. 09-6822, decision below 570 F.3d 958 (8th Cir. 2009), decided 03/07/11. Booker--Resentencing—Rehabilitation. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Petitioner. Argument: The Court should excise Section 3742(g)(2) from the Sentencing Reform Act of 1984 and hold that 18 U.S.C. Section 3553(a) permits district courts to consider post-sentencing rehabilitation at resentencing proceedings. Authors: Matthew M. Shors and Sara Zdeb, O’Melveny & Myers LLP, Washington, DC, and Sandeep Solanki, O’Melveny & Myers LLP, San Francisco, Calif.

    Pethtel v. Ballard, U.S. Sup. Ct., No. 10-8178, decision below 617 F.3d 299 (4th Cir. 2010). Habeas Corpus – Interstate Agreement on Detainers. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of certiorariArgument: Federal courts disagree whether the “anti-shuttling” provision, or even any provision, of the Interstate Agreement on Detainers (IAD) is subject to habeas corpus review. The Constitution charges the federal government with enforcement of interstate compacts such as the IAD. Federal habeas review is appropriate because it is the only meaningful mechanism by which the IAD can be enforced against unwilling states and the only reasonable remedy for a criminal defendant whose rights under the IAD have been violated. Authors: Jeffrey T. Green, Bryson Bachman and William Doolittle, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwestern Univ. Supreme Court Practicum, Chicago, Ill.

Recent NACDL Letters and Member Testimony


Upcoming Affiliate & NACDL Seminars

    April 1

    Washington: WACDL's “Evidence: Getting Yours In, Keeping Theirs Out” CLE Seminar
    Washington State Convention Center, Seattle, Washington
    Contact: WACDL's Program Assistant Alyson Segawa at (206) 623-1302 or email info@wacdl.com

    April 1-3
    Georgia: NCDC's Theories and Themes
    Renaissance Concourse Hotel, Atlanta, Georgia
    Contact: NCDC's Executive Director Rosie Flanigan at (478) 746-4151 or email rosie@ncdc.net

    April 7
    NACDL's 2nd Annual Post-Conviction Seminar
    'Righting Wrongful Convictions: Challenging Flawed Forensics'
    Location: The Hilton Cincinnati Netherland Plaza Hotel, Cincinnati, OH
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 x230 or email akvile@nacdl.org. For more details, visit our meetings Website at www.nacdl.org/meetings

    April 14-16
    Texas: TCDLA & NCDD's 18th Annual "Mastering Scientific Evidence in DUI/DWI Cases" Seminar
    Royal Sonesta, New Orleans, Louisiana
    Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or email jmartinez@tcdla.com

    April 15-16
    Missouri: MACDL's Spring Seminar
    Chateau on the Lake, Branson, Missouri
    Contact: MACDL Office at (573) 636-2822 or email info@macdl.net

    April 16
    Louisiana: LACDL's 2011 Legislative Bill Review
    Jackson & Mitchell Law Office, 345 Grandpre Street, Baton Rouge, Louisiana
    Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or email david@tatmangroup.com

    April 28-30
    Georgia: GACDL’s Spring Seminar
    Hilton SanDestin, Destin, Florida
    Contact: GACDL's Executive Director Jennifer Carter at 404-248-1777 or email jennkcarter@att.net

    April 28-30
    Louisiana: LACDL's 21st Annual Law and All That Jazz CLE Seminar
    Renaissance Pere Marquette, New Orleans, Louisiana
    Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or email david@tatmangroup.com

    April 29-30
    Illinois: IACDL & CJCC Cell Phone Evidence 101
    Doubletree Hotel, Collinsville, Illinois (St. Louis Area)
    Contact: DePaul CJCC coordinator Mary Bandstra at (312)362-5837 or email mbandstr@depaul.edu. For more details, visit www.law.depaul.edu/cellphone101 and click the “St. Louis” tab. 

Learn All You Need to Know About Field Sobriety Testing - With Two Valuable DWI Resources at One-Great Price!

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    NACDL has the latest NHTSA DWI SFST Manual (revised 2009) available for purchase - an invaluable resource for any DUI practitioner. This informative publication provides a detailed overview for administering the DWI Detection and Standardized Field Sobriety Testing (SFST) Training Program. We invite you to add the most current version of the DWI SFST Manual to your personal collection and stay on top of the important testing standards when cross-examining the officer in your next case.

    Another fundamental NACDL resource is our Cross of the Field Sobriety Test DVD, presented by leading DUI defense lawyer Steven Oberman. Learn how to win your next DUI case with best-in-practice cross-examination techniques that specifically highlight the shortcomings of field sobriety tests. This demonstrative one-hour DVD takes you through each step of the standardized field sobriety and shows you how to use the tests to prove your client’s innocence.

    We’ve packaged these two great learning tools for the low price of $250. Don’t miss the opportunity to add these valuable DUI resources to your private library. If you have questions about either of these products, please contact Doug Reale at doug@nacdl.org or (202) 872-8600 x272.

    Order your copy today and win even your most difficult DUI case!

Sprint Nextel Discount for NACDL Members

    Sprint Nextel


    It pays to be a member of NACDL! Sprint Nextel is pleased to offer a wireless discount program to members of the National Association of Criminal Defense Lawyers (NACDL). As a NACDL member, you are eligible to receive discounts on your Sprint Nextel wireless services. Whether you are a new or existing Sprint or Nextel customer, you can take advantage of these savings.

    Start saving now! Visit us online to learn more about Sprint's discount, products and services at www.sprint.com/nacdl.

Save Up to 26% on FedEx Office and FedEx Delivery Services

    NACDL members can already save up to 26% on select FedEx® shipping services. Now you’re entitled to save up to 20% on select FedEx OfficeSM copy and print services and 10% off other select services at more than 1,800 FedEx Office locations. It’s now even easier for you to save time and money with FedEx. Sign-up is free, and there are no shipping, copy or print minimums. For more information or to enroll in this program, please click here and enter pass code 984K22 or call 1-800-MEMBERS, your dedicated shipping program administrator at 1.800.636.2377 (8 a.m.–6 p.m. EST, M-F).

    *FedEx shipping discounts are off standard list rates and cannot be combined with other offers or discounts. Shipping discounts are exclusive of any FedEx surcharges, premiums or special handling fees and are not available to package consolidators. Eligibility for discounts subject to FedEx credit approval. Eligible services subject to change. Base discounts on FedEx Express® are 15%-21%. An additional 5% discount is available for eligible FedEx Express shipments when you ship online at fedex.com. Discounts are subject to change.

Stay Up-To-Date on NACDL News & Issues

    NACDL ListServ

    The NACDL listserv helps facilitate, via email, all sorts of criminal defense law discussions, including recommendations for expert witnesses, advice on trial practices, insights into controlling law in specialized fields or unique jurisdictions, and many other law-related matters. Subscription is free and limited to active NACDL members. Click hereto learn how to subscribe and to review the listserv policies and guidelines. So far, more than 700 members have joined.

    State Criminal Justice Network ListServ
    NACDL’s State Criminal Justice Network brings together NACDL members, affiliate leaders, public defenders, and others seeking to reform state criminal justice policies. In the listserv, members share lobbying strategies and information about state legislation and policies. While some of the topics might overlap with other NACDL listservs, the Network has a specific focus on state legislation. Click here to learn how to subscribe and to review the listserv policies and guidelines.

    IDC ListServ
    For news items and discussion specific to indigent defense, NACDL members are invited to join the Indigent Defense Committee (IDC) listserv. For several years, members of NACDL interested in indigent defense issues around the country have participated in the IDC listserv to share information on indigent defense issues across the country, as well as to keep up-to-date on NACDL's indigent defense reform efforts. For information on subscribing, click here

    White Collar Crime ListServ
    Stay ahead of federal and state prosecutors specializing in corporate investigations and prosecutions -- for news and discussion of recent developments in the white collar arena, subscribe to NACDL's White Collar listserv. Discussions are archived on NACDL's Website. To view recent postings or to subscribe to this specialty forum, click here.

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