Amicus Briefs Filed in 2023
The Amicus Curiae Committee’s mission is to provide amicus assistance on the federal and state level in those cases that present issues of importance to criminal defendants, criminal defense lawyers, and/or the criminal justice system as a whole. Membership in NACDL is not a prerequisite either for amicus assistance from the Committee, or for authorship of an NACDL amicus brief.
Lee v. Maryland
Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Appellee Adnan Syed, by Written Consent
Argument: NACDL, with authors from law firm Paul, Weiss, filed an amicus brief in the Appellate Court of Maryland in Young Lee, as Victim’s Representative v. State of Maryland. Adnan Syed, whose criminal case gained notoriety after being chronicled in the podcast Serial, was recently released from prison after the court vacated his conviction upon the prosecution’s recommendation. Mr. Syed had been serving a life sentence for the 1999 murder of his high school classmate Hae Min Lee. The prosecution cited flaws in the conviction, including unreliable cell phone tower data and possible failure to disclose key exculpatory evidence and two new potential suspects in their motion to vacate Syed’s conviction. Even though they were in attendance, the victim’s family has appealed the vacatur for lack of sufficient notice and opportunity to participate. Our amicus brief argues that, while Maryland law expressly grants a victim the right to receive notice of and attend vacatur proceedings, it does not provide a victim the right to be heard at the proceeding. The Maryland General Assembly made a choice to treat vacatur proceedings differently than other proceedings, such as sentencing, where a victim’s right to be heard is expressly granted. Even if Maryland did provide victims the right to be heard at a vacatur hearing, which it does not, that would not mean that victims have the additional right to participate in such hearings by challenging the evidence, as the victim’s family argues. Giving victims the right to challenge evidence or dispute substantive rulings would effectively allow them to usurp the role of prosecutors and violate due process, we argue.
Oregon v. Aranda
Brief of the Oregon Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Defendant-Respondent.
Argument: If OEC 609 is construed to permit all felony convictions without weighing the risk of unfair prejudice, the rule violates federal due process. The indiscriminate admission of even unfairly prejudicial convictions runs counter to common law traditions that require “fundamental fairness” and generally bar the use of propensity evidence.
Barring the use of OEC 403 prior to admitting felony convictions also burdens the exercise of Oregon defendants’ constitutional trial rights. First, it forces defendants to choose between the right to the right to testify and an impartial jury. Relatedly, the per se admission of prior felony convictions against defendants tends to produce a chilling effect on the right to testify because if they take the stand, they will be unfairly prejudiced. The Supreme Court has made clear, “[t]he right to testify on one’s own behalf at a criminal trial . . . is one of the rights that ‘are essential to due process of law in a fair adversary process.’” Rock v. Arkansas, 483 US 44, 51, 107 S Ct 2704, 97 L Ed 2d 37 (1987) (quoting Faretta v. California, 422 US 806, 817, n 15, 95 S Ct 2525, 45 L Ed 2d 562 (1975)). Second, the threat of per se prior conviction impeachment also impermissibly burdens the right to trial because it both distorts the strength of the government’s case and adds to the coercive nature of the plea-bargaining system of criminal adjudication.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!