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Vol. 10 Issue 2 - 2/28/11

Defense Lawyers Urge Ill. Gov. Quinn to Sign Death Penalty Bill

    The Board of Directors of NACDL, reiterating and reinforcing its vigorous opposition to the infliction of death as punishment for crime, unanimously passed a resolution urging Illinois Gov. Patrick Quinn to sign the legislation sent to him last month which would abolish the death penalty in the state. The bill has been on Quinn’s desk since passing the state senate Jan. 11.

    The Board’s resolution, passed Feb. 19 at its quarterly meeting in San Antonio, Texas, noted that the state has had a moratorium on the death penalty for over 10 years.

    For more information, please click here.

NACDL Board of Directors Adopts Resolutions on Anti-Immigration Laws, Hyde Amendment and Champion of State Criminal Justice Reform Award

    NACDL's Board of Directors passed additional resolutions during its quarterly meeting on February 19, 2011, in San Antonio, Texas.

    The first "urges state and local jurisdictions to refrain from passing a law similar to Arizona Senate Bill 1070 or any other law that targets individuals on the basis of race, ethnicity, or national origin and endangers the protection of constitutional rights" and "to refrain from enforcing federal immigration law." Anti-immigration laws also raise concerns about the possibility of racial profiling of both U.S. citizens and non-citizens and can greatly affect those convicted of minor crimes. "NACDL urges the President and the Congress to carry out their responsibility to secure the integrity and safety of our national borders by passing sensible, humane, comprehensive, fair, just, and bipartisan immigration laws."

    To read the complete resolution, please click here.

    The second resolution calls for reform of the Hyde Amendment, urging Congress to swiftly enact "legislation that would allow an acquitted defendant in a federal criminal case the opportunity to recover his or her attorney's fees and expenses without a finding of government misconduct."

    To read the resolution, please click here.

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

    To read the resolution, please click here.

Groups Call for Release of Secret Government Guidance on Miranda Exception

    NACDL and the Brennan Center for Justice at New York University School of Law submitted an expedited request on February 22, 2011, to the Department of Justice under the Freedom of Information Act (FOIA) seeking all “legal memoranda, procedures, policies, directives, guidelines, and other guidance[,]” since Dec. 25, 2009, “regarding use of the ‘public safety exception’ to Miranda v. Arizona in the course of terrorism or national security investigations.”

    A narrow "public safety" exception allows the government to refrain from providing Miranda rights in emergency situations. The Obama administration and some members of Congress hoped to enact legislation to make it easier to question terrorist suspects without reading them their rights. When these efforts proved controversial, the administration decided to take unilateral (and secret) action.

    For more information, please click here.

Former Miami-Dade County Public Defender Bennett H. Brummer Honored with NACDL's Champion of Indigent Defense Award

    Former Miami-Dade County Public Defender Bennett H. Brummer was honored with NACDL's prestigious Champion of Indigent Defense Award on February 18, 2011. NACDL President Jim Lavine presented the award to Mr. Brummer at NACDL's 2011 Midwinter Meeting and Seminar held in San Antonio, Texas. NACDL Board Member Geneva Vanderhorst also participated in the presentation as Co-Chair of NACDL's Indigent Defense Committee. NACDL recognized Mr. Brummer for over three decades of work and dedication to public service and providing legal services for the poor.

National Advocacy Conversation on Developing Legislation/Litigation - Forensics Science Reform

    On Wednesday, March 2, 2011, from 2:00-3:30 PM EST, please join NACDL’s State Criminal Justice Network for its next National Advocacy Conversation on Developing Legislation/Litigation conference call on forensics science reform. This important and timely discussion will be held with several key experts in the field, who will discuss forensics reform in the context of their jurisdiction, crime labs and legislation pending in several states that seek to ensure integrity in the system. The information presented is valuable for both litigators and state reform advocates. Don’t miss this opportunity to hear from individuals on the frontline discussing various state reform efforts that can assist you in your efforts towards a more efficient and fair criminal justice system!

    Participating on the call will be Drew Findling, Chair of NACDL’s Forensic Discipline Committee (FDC), who will provide a brief overview and discuss NACDL’s forensics science report: Principles and Recommendations to Strengthen Forensic Evidence and Its Presentation in the CourtroomMarvin Schechter, NACDL Board Member and FDC member; Jennifer Friedman, NACDL and FDC member; Julia Leighton, General Counsel, Public Defender Service for DC and NACDL and FDC member; and Diane Savage, a North Carolina Attorney and former Chair of the Forensic Task Force for the North Carolina Academy of Trial Lawyers.

    If you are interested in joining the call, please send an email to scjn@nacdl.org.

Honoring the 250th Anniversary of Paxton's Case

    Thursday, February 24, 2011, marked the 250th anniversary of James Otis's Writs of Assistance argument in Paxton's Case, which challenged the Redcoats’ abhorrent use of general warrants unsupported by probable cause, neither describing the places to be searched nor the persons or things to be seized.

    For more information, please click here.

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: the 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.

    NACDL members who are interested in receiving NACDL’s Daily Criminal Justice Briefing each day can simply visit http://www.nacdl.org/briefing to view a sample and subscribe.

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 9 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 atwww.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


    Register Today! NACDL & CACJ's 4th Annual Forensic Science Seminar, Making Sense of Science, will be held on March 25-26, 2011, at the Cosmopolitan Hotel and Casino in Las Vegas, Nevada. 

    In the modern world, you need to know and understand the forensic sciences in order to effectively represent your clients. Attend this one-of-a-kind CLE seminar and leave with a better understanding of forensic evidence and technology to use in the arsenal of tools to win your next case.

New Seminar for Post-Conviction Lawyers - Free for Approved Applicants


    Register Today! NACDL's Post-Conviction Seminar, Righting Wrongful Convictions: Challenging Flawed Forensics, will be held on April 7, 2011, at the Hilton Cincinnati Netherland Plaza in Cincinnati, Ohio. 

    NACDL presents this exciting new program, in collaboration with the Innocence Network and supported by a grant from the Bureau of Justice Assistance, specifically for lawyers who handle post-conviction claims. The program will feature innovative techniques for investigating, litigating and winning post-conviction innocence cases. This program is FREE for approved applicants.

The 20th Annual National Seminar on the Federal Sentencing Guidelines

     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 the Tampa Bay Chapter of the Federal Bar Association, the National Association of Criminal Defense Lawyers, and theABA 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

     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 strengths 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.

Forensic Science Training for Capital Defenders - Free for Approved Applicants 

     The National Clearinghouse for Science, Technology and Law (NCSTL) is offering a 3-day training seminar on forensic science for capital defense attorneys on June 6-8, 2011, at the Center for American and International Law (CAILAW) in Plano, Texas. The training is supported by a grant from the Bureau of Justice Assistance and will be FREE to approved applicants, including allowable expenses for attendance, travel and most meals.

    The training is intended for defense attorneys who actively try capital cases and topics include crime scene reconstruction, collection and packaging of evidence, firearms, forensic odontology, forensic pathology, pattern evidence including latent prints, DNA, digital evidence, forensic science research, as well as breakout sessions on forensic anthropology, questioned documents, forensic entomology, and forensic psychiatry. On the final day, there will be a mock trial where practitioners demonstrate strategies for questioning and presenting forensic experts in court.

    There are a limited amount of spots available. All interested applicants must apply by April 1, 2011.

Research on Criminal Prosecution of Defense Lawyers for Acts During Representation: Short Survey

    This survey, prepared by Professor Lonny Hoffman at the University of Houston Law Center, concerns the criminal prosecution of lawyers for acts taken on a client’s behalf. It is part of Professor Hoffman’s research for a law review article he is writing on the subject. About 25 years ago, a similar survey was sent to members of the NACDL and published in The Champion. The results from that older survey are discussed in William Genego, “Reports from the Field: Prosecutorial Practices Comprising Effective Criminal Defense,” The Champion May 1986: 7-18. With this new survey, he hopes to update Genego’s earlier findings and shed light on current practices. The survey is short and it should take only a couple of minutes to complete.

    To take the survey, please click here.

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.

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 nominated person/group.
    • 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 April 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.

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 the case 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 February 16-19, 2011, Executive Director Norman Reimer, Sales & Marketing Director James Bergmann, Deputy Executive Director Tom Chambers, Membership Director Michael Connor, Marketing Manager Renee Harris-Etheridge, Manager for Meetings and Education Tamara Kalacevic, Associate Executive Director for ProgramsGerald Lippert, Associate Executive Director for Policy Kyle O'Dowd, Education Assistant Doug Reale, National Affairs Assistant Patrick Veasy, and Special Assistant to the Executive Director Daniel Weir attended NACDL's 2011 Midwinter Meeting and Seminar in San Antonio, Texas.

    On Friday, February 25, 2011, State Legislative Affairs Director Angelyn Frazer visited the Jessup Correctional Institution for women in Jessup, Maryland, as part of the Grassroots Advocacy Project (GAP), a new NACDL initiative aimed at helping to bridge the divide between the advocacy and legal community. Angelyn discussed NACDL’s state legislative reform efforts with a group of about 25 women from Women of Wisdom (WOW), a program started by several of the inmates to help assist each other as they carry out their sentences. The women ranged in age from 25-65 with sentences consisting of a few years to life and had many questions about both state and federal criminal justice reform legislation. An article about GAP and the visit will appear in an upcoming issue of The Champion. To suggest other sites Angelyn could visit, please email angelyn@nacdl.org.

NACDL on Twitter

    Several months ago, NACDL officially launched its Twitter account @NACDL. NACDL now has 521 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 Assistant 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 1,620 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 Assistant Director of Public Affairs & Communications Ivan J. Dominguez at ivan@nacdl.org.

Recent Amicus Curiae Briefs Posted on NACDL Website

    Ashcroft v. Al-Kidd
    , U.S. Sup. Ct., No. 10-98, decision below 580 F.3d 949 (9th Cir. 2009), brief filed 1/28/11, argument scheduled 3/2/2011. Material Witnesses—False Arrest—Remedies. Amicus curiae brief of Human Rights Watch and the National Association of Criminal Defense Lawyers. Argument: The material witness statute, 18 U.S.C. §3114 provides for the arrest and detention of witnesses only when absolutely necessary and for the limited purpose of securing their testimony when material to a criminal proceeding. The statute does not provide for the detention of persons suspected of criminal conduct – but against whom there is insufficient proof to meet the constitutional requirements for arresting or charging criminal suspects – in order to conduct further investigation. In this case, the Department of Justice misused the statue to arrest and detain the plaintiff, a native-born U.S. citizen. The plaintiff (and others) was arrested in the manner of a dangerous criminal suspect (except without Mirandawarnings), subjected to coercive custodial interrogations about his own activities without counsel, detained for 15 nights in high-security prisons with convicted criminals, routinely shackled and strip-searched during his detention, and released subject to restrictive conditions. If the DOJ truly viewed the plaintiff as a witness, it could have subpoenaed him or deposed and released him, as provided by the statute. Authors: Joseph F. Tringali, Ryan A. Kane, Fadi Hanna, Greg Szewczyk, Simpson Thacher & Bartlett LLP, New York, NY.

    Barbour v. Louisiana, U.S. Sup. Ct., No. 10-689, decision below 35 So.3d 1142 (La.App. 2010), brief filed 12/23/10. Juries—Divided Verdicts—Severe Sentencing--Sixth Amendment—Fair Trial. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Petition for Writ of Certiorari. Argument: Non-unanimous verdicts significantly undermine the administration of criminal justice. Rules permitting non-unanimous verdicts have increased the risk of error and unfairness. Because cases presenting these concerns are numerous and recurring, the constitutionality of divided criminal verdicts and the correctness of the Supreme Court’s 1972 decision in Apodaca v. Oregon, 406 U.S. 404 (1972), in which the Court held that the Sixth Amendment does not entitle criminal defendants to a unanimous jury verdict in state court, warrant the Court’s reconsideration. Authors: Jonathan L. Marcus, Elizabeth-Ann D. Katz, and Matthew S. Krauss, Covington & Burling LLP, Washington, DC.

    Camreta v. Greene, U.S. Sup. Ct, Nos. 09-1454 & 09-1478, case below 588 F.3d 1011 (9th Cir. 2009), brief filed 1/31/11, argument 3/1/11. Search and Seizure—Minor children—Familial rights. Amicus curiae brief of the National Association of Criminal Defense Lawyers, the Civil Rights and Liberties Committee of the New York County Lawyers Association, and the Center for Constitutional Rights in support of respondents.Argument: On the belief that she had been molested by her father, S.G., a nine-year-old girl was forcibly removed from her classroom and interrogated alone for two hours by a state human services investigator and a visibly-armed deputy sheriff. Brief urges affirmance of the court of appeals, which held that S.G.’s seizure and prolonged detention violated the child’s and mother’s Fourth Amendment rights. Of note is a historical argument noting that children in the 18th and 19th Centuries could not summarily be taken from their parents by government officials and that 20th Century solutions to the problem of child abuse have not created an exception to the warrant requirement when seizing children. Author: Prof. Mark Brown, Capital Univ. School of Law, Columbus, OH.

    Shelton v. Sec’y, Dept. of Corrections, U.S. Dist. Ct., M.D. Fla., No. 6:07-cv-839-Orl-35KRS, brief filed 1/28/11. Due Process---Mens Rea---Strict Liability---Felony Drug Laws.Amicus curiae brief of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, the American Civil Liberties Union of Florida, the Drug Policy Alliance, the Calvert Institute for Policy Research, and 38 law professors from across the United States. Argument: Florida’s strict liability felony drug law runs afoul of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution and is inconsistent with centuries of common law, sound public policy, and the norms of international legal systems and principles generally embraced by the United States.Author: Todd Foster of Cohen, Foster & Romaine, P.A. in Tampa, Fla., et al.

    United States v. Tinklenberg, U.S. Sup. Ct., No. 09-1498, case below 579 F.3d 589 (6th Cir. 2009), brief filed 1/21/11, argument 2/22/11. Speedy Trial Act—Actual Delay. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of respondent. Argument: In the case below, the U.S. Court of Appeals for the Sixth Circuit held that a pretrial motion must actually cause a delay, or the expectation of a delay, of trial in order to create excludable time. United States v. Tinklenberg, 579 F.3d 589 (6th Cir. 2009). (Every other federal circuit which has addressed this issue appears to have held that the filing of any pretrial motion stops the Speedy Trial clock, regardless of whether the motion has any impact on the trial's start date.) To assess the effect ofTinklenberg in actual practice, amicus contacted defense attorneys in each of the district courts in the Sixth Circuit to inquire how Tinklenberg has affected their practice and how courts have managed pretrial motions under the Speedy Trial Act both before and afterTinklenberg. The survey found that the “actual delay” rule has not adversely affected the courts’ and parties’ management of the speedy trial clock. Authors: Dennis G. Terez and Melissa M. Salinas, Office of the Federal Public Defender, N.D. Ohio, Toledo.

Recent NACDL Letters and Member Testimony

Upcoming Affiliate & NACDL Seminars

    March 1

    Texas: NACDL, TCDLA & Others - Indigent Defense Summit
    Texas State Capitol, Austin, Texas
    Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or email jmartinez@tcdla.com

    March 3-4
    Texas: TCDLA's Cross Examination Seminar
    Houston Crowne Plaza, Houston, Texas 
    Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or email jmartinez@tcdla.com

    March 4
    Washington: WACDL's “Confessions & Statements” Seminar
    Tacoma, Washington
    Contact: WACDL's Program Assistant Alyson Segawa at (206) 623-1302 or email info@wacdl.com

    March 10-11
    Ohio: OACDL's Advanced OVI Seminar
    Westin Hotel, Columbus, Ohio
    Contact: OACDL’s Executive Director Susan Carr at (614) 418-1824 or email susan@oacdl.org 

    March 24-25
    Illinois: IACDL & CJCC Cell Phone Evidence 101
    DePaul University College of Law, Chicago, Illinois
    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 “Chicago” tab. 

    March 25-26
    NACDL & CACJ's 4th Annual Forensic Science Seminar
    Location: The Cosmopolitan Hotel, Las Vegas, NV
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 ext. 230 or email akvile@nacdl.org.

NACDL's New DVD Compilation Prepares You to Deal with Expert Witnesses - Order Today and Save 20% Off Purchase Price!


    This special compilation DVD, Expert Witnesses: Using Yours, Derailing Theirs,represents the highest-rated NACDL speakers on dealing with expert testimony. Learn, improve, and enhance your skills and techniques to be more effective when dealing with expert witnesses before and during trial. Rest assured, you will find each of these presentations as interesting and informative as those who saw them LIVE and rated them as the year's best!

    Presentations include:

    • The Care and Feeding of Your Expert – Jan Semenoff
    • Dismantling/Neutralizing Government Experts – Eric Vos
    • Voir Dire of the Expert - Dr. SunWolf
    • Including Experts in Your Defense Strategy – Bruce Lyons
    • Cross-Examining the Expert – David Lewis
    • And More… 

    Get the necessary information and insight that you can immediately apply in your practice, with the opportunity to earn up to 9.6 general CLE credits in states where self-study is permitted. Now through March 11, 2011 you can save 20% off the purchase price of this informative DVD – order today!

    Contact: Doug Reale at (202) 872-8600 x272 or email doug@nacdl.org for questions or purchase details.

Introductory Offer - Save 20% Off NACDL's Newest DVD: Dealing with Evidence


    This special compilation DVD represents the highest-rated NACDL speakers on dealing with evidence--both in getting yours admitted, and discrediting the prosecution's. Learn how to present evidence in the most influential way to help you win your next big case!Order now with our special introductory offer and save 20% off the purchase price. 

    Presentations include:

    • The Care and Feeding of Your Expert – Jan Semenoff
    • Ruling the “Rules of Evidence” – Roberta Nieslanik
    • Suppression Issues – Gerald Goldstein
    • Fresh Complaint Evidence – Brian Steel
    • Using Demonstrative Evidence – Song Richardson
    • Suppressing the Evidence – John Wesley Hall
    • And more…

    Evidence and how you present it, impacts the outcome of your case. Order your DVD today and learn best practices that will allow you to use your evidence more effectively.

    Contact: Doug Reale at (202) 872-8600 x272 or email doug@nacdl.org for questions or purchase details.

Get the Information You Need to Win Your Next DUI Trial with NACDL's DUI - Communicating Your Way to an Acquittal DVD!


    NACDL’s newest DVD release, focused on the most prevalent DUI issues, is now available for purchase. DUI – Communicating Your Way to An Acquittal is compiled of useful presentations from DUI experts that will equip you with the skills you need to represent your clients successfully before and at trial.

    A few of the topics include:

    • Using Voir Dire Techniques to Communicate with the Trier of Fact - Robert Hirschhorn
    • Communicating Your Case Theory to Optimize Success - Jonathan Rapping
    • Using Brady to Your Advantage - Jim Lavine
    • The Perils of Communicating with the Police - Prof. James Duane
    • And many more… 

    Get the skills you need – whether you’re just starting a DUI practice or you're a seasoned practitioner.

    Contact: Doug Reale at (202) 872-8600 x272 or email doug@nacdl.org for questions or purchase details.

New 2009 NHTSA Field Sobriety Testing Manual Now Available
    NACDL has recently acquired the 2009 updated version of the NHTSA DWI Detection & Standardized Field Sobriety Testing Manual. Produced by the National Highway Traffic Safety Administration, this manual is what most officers who conduct SFST tests are trained on. Obtaining this manual is a must for an attorney with a DUI or DWI case that involved a field sobriety test. With this manual, you’ll be able to effectively cross on officer on the field sobriety test procedure.

    The SFST manual is available in hard copy book or as a PDF delivered on a standard CD. Two versions of the manual are available: the “Student Manual”, which officers learn from during training, and the “Instructor Manual” which instructors use to run the course.

    Don’t head into court unprepared! Order your personal copy of this manual today and educate yourself on SFSTs. For more information and pricing please contact Doug Reale at doug@nacdl.org or call (202) 872-8600 x272.

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


    A novel suppression argument wins here, a new trend threatens the unsuspecting defender there--and timely knowledge is important to us all. If you're an NACDL member and want to join our news list to keep up on the day's latest criminal justice developments, click here for information. If you are a newshound yourself, so much the better--your eyes and ears can help keep us all informed.

    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 here to 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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