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Fourth Amendment Protects E-Mail From Warrantless Government Surveillance, Federal Court Rules - Washington, DC (December 15, 2010) – The National Association of Criminal Defense Lawyers praised the federal appeals court decision protecting email privacy. For the first time, a federal court has ruled that law enforcement must obtain a search warrant before it can search and seize a subscriber’s email that is stored on the computers of his Internet service provider (ISP).
Overcriminalization Media Call - Washington, DC (December 15, 2010) – On Thursday, December 16, 2010, at 10:00 AM EST, the Federalist Society will host a media call on the proposed House rules change for Automatic Sequential Referral.
Federal Courts Can Handle Terrorism Trials - Washington, DC (November 17, 2010) – Former Guantanamo Bay detainee Ahmed Khalfan Ghailani was convicted today in a federal district court for his role the 1998 bombing of US embassies in Kenya and Tanzania.
Alex Bunin Named Houston's First Chief Public Defender - Washington, DC (November 9, 2010) – The National Association of Criminal Defense Lawyers (NACDL) salutes Harris County officials on the appointment of Alex Bunin to serve as the first Chief Public Defender of Harris County, TX. Harris County includes the City of Houston and has a population of nearly 4 million people.
NACDL's 9th Annual State Criminal Justice Network Conference - Washington, DC (October 5, 2010) – The National Association of Criminal Defense Lawyers (NACDL), in conjunction with the American University Washington College of Law and the Institute for Policy Studies’ Social Action and Leadership School for Activists (SALSA), presents the 9th Annual State Criminal Justice Network (SCJN) Conference entitled Inform, Influence & Impact: Effective Criminal Justice Reform.
Diverse Coalition Urges Congress to Rein in Overcriminalization - Washington, DC (September 29, 2010) – NACDL played a key role in an ideologically diverse coalition of organizations that worked together to bring about yesterday’s hearing on “Reining in Overcriminalization: Assessing the Problems, Proposing Solutions” before the U.S. House of Representatives Crime, Terrorism, and Homeland Security Subcommittee (Robert C. “Bobby” Scott, D-Va., Chairman).
Criminal Defense Lawyers and ACLU File Challenge to Suspicionless Border Searches and Seizures of Laptops - Washington, DC (September 7, 2010) – Do you want the federal government to know all the details of your most personal affairs? Your internet browser history? Your confidential family matters? Your medical issues? Your divorce? Your workplace or auto accident? Your strategic business plans? Your tax analysis? Your will? The fact that you have consulted with a criminal defense lawyer?
Philadelphia, Pa. Attorney Theodore Simon Elected Treasurer of Nation's Top Criminal Defense Organization - Washington, DC (September 7, 2010) – Philadelphia, Pa., attorney Theodore Simon was sworn in as Treasurer of the National Association of Criminal Defense Lawyers (NACDL) at its 52nd Annual Meeting in Toronto, Canada., in August.
Rock Hill, S.C., Attorney Christopher Wellborn Installed on Board of Directors of National Criminal Defense Bar Assn. - Washington, DC (August 30, 2010) – Rock Hill, S.C., attorney Christopher Wellborn was installed on the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) at the Association’s 52nd Annual Meeting in Toronto, Ont., this month.
Washington, DC, Attorney Barry J. Pollack Installed as Parliamentarian of National Assn. of Criminal Defense Lawyers - Washington, DC (August 23, 2010) – Barry J. Pollack of Washington, DC, was sworn in as Parliamentarian of the National Association of Criminal Defense Lawyers (NACDL) at the Association’s 52nd Annual Meeting in Toronto, Ont., on Aug. 14.
Professor Ellen S. Podgor Receives Criminal Defense Bar's Top Honor - Washington, DC (August 18, 2010) – Stetson Law Professor Ellen S. Podgor was awarded the 30th annual Robert C. Heeney Memorial Award, the National Association of Criminal Defense Lawyers’ most prestigious honor, Aug. 14 at its 52nd Annual Meeting in Toronto, Ont. This award is given annually to the one criminal defense lawyer who best exemplifies the goals and values of the Association and the legal profession.
Denver Attorney Lisa Monet Wayne Installed as President-Elect of National Assn. of Criminal Defense Lawyers - Washington, DC (August 18, 2010) – Lisa Monet Wayne of Denver, Colo., was sworn in as President-Elect of the National Association of Criminal Defense Lawyers (NACDL) at the Association’s 52nd Annual Meeting in Toronto, Ont., on August 14.
Houston Attorney Jim E. Lavine Installed as President of the National Criminal Defense Bar - Washington, DC (August 17, 2010) – Houston attorney Jim E. Lavine was sworn in as President of the National Association of Criminal Defense Lawyers (NACDL) at the association’s 52nd Annual Meeting in Toronto, Ont., on Aug. 14.
Thomson Reuters and NACDL Announce Co-Publishing Agreement - Washington, DC (August 16, 2010) – Thomson Reuters and the National Association of Criminal Defense Lawyers (NACDL) announced a co-publishing agreement today to develop and market legal materials designed for criminal defense lawyers. The new imprint is tentatively titled NACDL Press.
U.S. Criminal Lawyers Warn Against Mandatory Minimum Sentencing Schemes - Washington, DC (August 16, 2010) – The National Association of Criminal Defense Lawyers (NACDL) urged the Government of Canada to abandon bipartisan efforts to establish mandatory minimum sentences for drug offenses at its annual meeting in Toronto, Ontario, Saturday.
Members Sworn in at Annual Meeting - Washington, DC (August 16, 2010) – NACDL elected and swore in its new Officers and Board of Directors members at its annual conference in Toronto, Canada, on Aug. 14, 2010.
Government Abuses Computer Crime Law to Boost Criminal Charges - Washington, DC (August 6, 2010) – The Electronic Frontier Foundation (EFF) and the National Association of Criminal Defense Lawyers asked a federal appeals court Thursday to block the government's attempt to wrongly expand federal computer crime law, turning misdemeanor charges into felonies.
Reducing the Crack and Powder Cocaine Sentencing Disparity Should Also Reduce Racial Disparities in Sentences and Prisons - Washington, DC (July 28, 2010) – The House of Representatives today passed the Fair Sentencing Act of 2010, adopted in the Senate earlier this year by unanimous consent. Currently, Federal drug sentences for possession and sale are based on the weight of the controlled substance.
Death Penalty-Defying Decisions - Washington, DC (July 2, 2010) – Death penalty reform in the United States seems to take one step back and two steps forward. Sadly, June 18 saw the barbaric execution of Ronnie Lee Gardner by a Utah firing squad.
U.S. Criminal Defense Bar Critical of Overcriminalization by Congress in the Dodd-Frank Wall Street Reform & Consumer Protection Act - Washington, DC (June 28, 2010) – In a careful review of the pending financial regulation reform legislation, the National Association of Criminal Defense Lawyers (NACDL) has identified dozens of new and troubling federal criminal offenses. These new offenses, if enacted into law, will further explode the federal criminal code, which already contains an estimated 4,450 criminal offenses.
Supreme Court Rejects Expansive Interpretation of ‘Honest Services' Fraud Statute -- Washington, DC (June 24, 2010) – In Skilling v. United States, the Supreme Court effectively vacated Mr. Skilling’s conviction and remanded because the indictment relied, in part, on what the Court called “an improper construction of the ‘honest services’ component of the federal ban on mail [and wire] fraud.”
Minor Drug Offenses Are Not Deportable ‘Felonies' Statement of NACDL President Cynthia Hujar Orr - Washington, DC (June 14, 2010) – A second minor drug possession offense does not constitute automatic grounds for deportation of a lawful legal resident, the U.S. Supreme Court decided unanimously today, reversing the decision of a federal appeals court. The National Association of Criminal Defense Lawyers (NACDL) wholeheartedly supports this rational and humane decision.
U.S. Criminal Defense Bar Challenges Rwandan Pres. Kagame: End the Campaign of Intimidation against Defense Lawyers - Washington, DC (June 10, 2010) – The National Association of Criminal Defense Lawyers (NACDL) condemns the unrelenting intimidation of American criminal defense lawyers in Rwanda and reiterates its call for the prompt release of Prof. Peter Erlinder together with an immediate end to the Rwandan government’s interference with the criminal defense function.
National Criminal Defense Bar Condemns Arrest of U.S. Law Professor in Rwanda - Washington, DC (May 29, 2010) – The National Association of Criminal Defense Lawyers (NACDL) strongly condemns the arrest of American law professor Peter Erlinder in Kingali, Rwanda, yesterday. NACDL urges the Rwandan government and the U.S. Department of State to quickly resolve this mistake and free Prof. Erlinder.
Diverse Coalition Urges Attorney General Holder to Reconsider His Call to Weaken Miranda Rights - Washington, DC (May 17, 2010) – A broad coalition of 35 organizations, including many civil liberties and human rights groups, sent a letter today to Attorney General Eric Holder urging reconsideration of his call to weaken Miranda rights through the codification and expansion of the “public safety exception.”
Defense Bar Lauds Supreme Court for Abolishing ‘Life Without Parole' for Children and Teens - Washington, DC (May 17, 2010) – The Constitution prohibits imposition of a sentence of life without parole on a juvenile offender who did not commit a homicide, the U.S. Supreme Court decided today. The National Association of Criminal Defense Lawyers (NACDL) joined with the NAACP Legal Defense and Education Fund, Inc., and the Charles Hamilton Houston Institute for Race & Justice as amici curiae urging the Court to overturn the sentences...
New York's High Court Issues Landmark Right to Counsel Ruling - Washington, DC (May 6, 2010) – The New York Court of Appeals ruled today in the case of Hurrell-Harring, et al. v. New York that indigent defendants denied their constitutional right to counsel do not have to be first convicted before seeking to vindicate that right.
Congress Is Eroding Criminal Intent: NACDL and Heritage Release Groundbreaking Report and Recommendations on Capitol Hill - Washington, DC (May 5, 2010) – In a joint press conference this morning on Capitol Hill commemorating Law Day 2010, Rep. Bobby Scott (D-VA) and Rep. Louie Gohmert (R-TX), the Chairman and Ranking Member of the House Crime Subcommittee, respectively, sponsored the release of the groundbreaking, non-partisan report prepared by the National Association of Criminal Defense Lawyers and the Heritage Foundation, Without Intent...
Problem-Solving Courts Symposium: The Pros and Cons of Treatment in the Criminal Justice System - New York, NY (April 19, 2010) – On Tuesday, April 20 from 6:00-9:00 PM, the National Association of Criminal Defense Lawyers (NACDL), New York County Lawyers’ Association Criminal Justice Section (NYCLA) and the New York State Bar Association’s Criminal Justice Section are co- sponsoring “Problem-Solving Courts Symposium: The Pros and Cons of Treatment in the Criminal Justice System,” at the NYCLA Home of Law, 14 Vesey Street, New York, NY 10007.
Release Draft Commission Rules For Public Comment, Experts Say - Washington, DC (April 7, 2010) – This week, the National Association of Criminal Defense Lawyers joined a group including eight other organizations and prominent scholars calling for more transparency and a period for public comment regarding the release of the 2010 Manual for Military Commissions by the Department of Defense.
Supreme Court Upholds Integrity of Criminal Justice System for Immigrants - Washington, DC (March 31, 2010) – The Supreme Court today issued a key decision in Padilla v. Kentucky, holding that defense lawyers must give correct advice to clients about the immigration consequences of pleading guilty. Immigrant rights groups and criminal justice advocates alike praised the Court’s holding.
NACDL President Cynthia Hujar Orr Testifies Before U.S. Sentencing Commission On Proposed Amendments to the Sentencing Guidelines - Washington, DC (March 17, 2010) – NACDL President Cynthia Hujar Orr testified Wednesday, March 17, before the U.S. Sentencing Commission on various proposed amendments to the sentencing guidelines.
Don't Let Politics Weaken the Rule of Law Statement of NACDL President Cynthia Hujar Orr - Washington, DC (March 16, 2010) – I have been following the McCarthy-style attack campaign being waged against the Justice Department lawyers who formerly provided legal assistance to Guantanamo detainees and military commission defendants.
Report: Principles and Recommendations for Strengthening Forensic Science in the Courtroom - Washington, DC (March 5, 2010) – Forensic science evidence presented in court is often based on speculative research, subjective interpretations and inadequate quality control procedures, according to a report just released by the National Association of Criminal Defense Lawyers (NACDL).
Criminal Defense Bar Secures Sweeping Reversal in Illinois Eyewitness Identification Litigation Concerning Flawed Lineups Linked to More than 50 Wrongful Convictions - Washington, DC (March 3, 2010) – The National Association of Criminal Defense Lawyers (NACDL) has been fighting in the Illinois courts since Feb. 2007 to secure access to data and other materials related to the Chicago Police Department’s controversial, taxpayer-funded report on lineups and eyewitness procedures.
Criminal Defense Bar Sounds Alarm Concerning Uninformed, ‘Radical' Changes to New York City's Indigent Defense System - Washington, DC (March 1, 2010) – The Mayor’s Office of the Criminal Justice Coordinator for the City of New York issued a request for proposals in February, with a short March 15, 2010, deadline, that contemplates a sudden and severe change abolishing the role of appointed assigned counsel in the City’s indigent defense delivery system.
Sen. Rodney Ellis to Be Honored - Washington, DC (February 23, 2010) – Sen. Rodney Ellis (Houston) will be honored with the National Association of Criminal Defense Lawyers’ prestigious Champion of Justice Legislative Award, the association’s national office announced today. The award will be presented to Sen. Ellis in Austin, TX, at the Texas Indigent Defense Summit at the Capitol on Wednesday.
Bar Groups, Law Centers and Faculty Support Right of Poor Persons Accused of Crime to Challenge New York State's Broken Indigent Defense System - Washington, DC - (February 4, 2010) – A diverse group of bar associations representing 100,000 lawyers, and law centers and dozens of law professors from all of New York State’s 15 law schools is urging courts to address New York’s broken system for providing legal representation to poor defendants in criminal cases.
Statement of the National Association of Criminal Defense Lawyers Regarding the Judge Sharon Keller Disciplinary Inquiry - San Antonio, TX (January 20, 2010) – On September 25, 2007, the U.S. Supreme Court announced that it would hear a challenge to the constitutionality of lethal injection in Baze v. Rees, prompting death penalty lawyers all over the country to file for stays of execution pending the high court’s decision in that case.
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