- Predicting and Preventing Wrongful Convictions, National Institute of Justice (March 2013)
- A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases, Federal Judicial Center (February 2011) [see appendices]
- Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies, Federal Judicial Center (May 2007)
In re Special Proceedings (court ordered investigation of withheld exculpatory evidence in the prosecution of Senator Ted Stevens):
- NACDL Prosecutorial Misconduct Report
- Preliminary Statement By Counsel For Senator Ted Stevens
- In-Depth Analysis By Counsel For Senator Ted Stevens
- Judge Sullivan’s Order of Nov. 21, 2011 (In re Special Proceedings, Misc. No. 09-0198)
- Marc Allen, Non-Brady Legal and Ethical Obligations on Prosecutors to Disclose Exculpatory Evidence, National Registry of Exonerations (July 2018)
- Janet Moore, Democracy and Criminal Discovery Reform After Connick and Garcetti, Brooklyn Law Review Vol. 77 No.4 (Summer 2012)
- Ellen Yaroshefsky, New Orleans Prosecutorial Disclosure in Practice After Connick v. Thompson, The Georgetown Journal of Legal Ethics Vol. 25:913 (Fall 2012)
- Joel B. Rudin, The Supreme Court Assumes Errant Prosecutors Will Be Disciplined by Their Offices or the Bar: Three Case Studies that Prove that Assumption Wrong, 80 Fordham L. Rev. 537 (November 2011)
- Ellen Yaroshefsky, New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Cardozo Law Review, Vol. 31 No. 6 (June 2010)
- See also Ellen Yaroshefsky and Jennifer Blasser, Report of the Working Groups on Best Practices
- Daniel S. Medwed, Brady’s Bunch of Flaws, 67 Wash. & Lee L. Rev. 1533 (2010)
- Robert P. Mosteller, Exculpatory Evidence, Ethics, and the Road to the Disbarment of Mike Nifong: The Critical Importance of Full Open-File Discovery, Geo. Mas. L. Rev. 15:2 (2008)
- Jenny Roberts, Too Little, Too Late: Ineffective Assistance of Counsel, The Duty to Investigate, And Pretrial Discovery in Criminal Cases, 31 Fordham Urb. L.J. 1097 (2003-2004)
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.