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Vol. 10 Issue 7 - 7/28/2011

New Report: Florida's Broken Misdemeanor Court System - and How to Fix It 

    Nearly a half million people, or approximately three percent of Florida’s adults, pass through the state’s misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes.

    Charges are viewed as minor, BUT the consequences of conviction are significant. Not only are there direct, immediate costs of such a conviction (fines and/or imprisonment), but often there are also long-term, collateral consequences (employment barriers, loss or suspension of licenses, restrictions on parental rights, possible deportation or refusal of reentry for legal aliens, to name a few).

    NACDL studied misdemeanor courts and procedures in 21 Florida countiesand released its results and recommendations to the public on Thursday, July 21, 2011. The report is entitled Three Minute Justice: Haste and Waste in Florida’s Misdemeanor Courts.

    To read the report, please click here.

    For continued coverage about the report, please visit www.nacdl.org/FLMisdemeanor.

Stetson University and National Criminal Defense Bar Launch White Collar Criminal Defense College 

    Stetson University College of Law and the National Association of Criminal Defense Lawyers (NACDL) are launching the NACDL White Collar Criminal Defense College at Stetson, the first program of its kind. The first session of this groundbreaking training for criminal defense lawyers is slated for early 2012. Practitioners in the field of white collar criminal defense will gain key advocacy skills and learn substantive white collar law during this multi-day “boot camp” program for lawyers at Stetson University College of Law.

    Topics will likely include corporate investigations; representation of top management, middle management and other employees; grand jury investigation as it relates to corporate documents; the handling of parallel proceedings, such as agency investigations with the SEC or IRS; and sentencing issues unique to white collar defendants.

    For more information, please click here.

Criminal Defense Bar Applauds Retroactive Federal Crack Cocaine Sentencing Guideline 

    When the Fair Sentencing Act of 2010 was signed into law last year, something sad happened. Defendants who were arrested for possession or distribution of cocaine base, or crack, the day the law went into effect no longer faced the 100-to-1 sentencing disparity and draconian mandatory minimum sentences of the 1986 law for possession of as little as 5 grams of crack, which was treated as severely as 500 grams, or over a pound, of powder cocaine. But persons arrested only the day before the law went into effect still faced the original severe penalties.

    For more than two decades, low-level crack dealers were sentenced more severely than major powder cocaine traffickers even though both crack and powder cocaine are the same chemical with the same effects. This unwarranted disparity is particularly disturbing because of its racial impact – 83 percent of inmates serving time in the federal prison for crack cocaine offenses are minorities, and their sentences are more than 50 percent longer than inmates serving time for cocaine powder. The unanimous vote on June 20, 2011, by the U.S. Sentencing Commission making the federal crack sentencing guidelines retroactive is a step toward ameliorating those injustices.

    For more information, please click here.

Federal Judge Rules Florida's Drug Laws Unconstitutional 

    A federal judge in Orlando has declared Florida’s strict-liability controlled substances act unconstitutional on the ground that the law could convict an innocent person of drug distribution who unknowingly possessed, transported or delivered a controlled substance. The laws’ fatal flaw is the lack of a criminal intent requirement, which the legislature purposely removed from the statutes in 2002.

    U.S. District Judge Mary S. Scriven found that Florida stands alone among the states in its express elimination of mens rea – the common-law “guilty mind” requirement – as an element of a drug offense.

    The petitioner, Mackle Vincent Shelton, was convicted of delivery of a controlled substance and traffic charges. The jury was instructed that “to prove the crime of delivery of cocaine, the state must prove the following two elements beyond a reasonable doubt: that Mackle Vincent Shelton delivered a certain substance; and, that the substance was cocaine.” The state did not have to prove that he knew he was carrying or distributing cocaine or any controlled substance at all.

    For more information, please click here.

The 'Clean Up Government Act' What Could Be Wrong with That? 

    “It is difficult to stand up and publicly announce … being opposed to something that has been named the ‘Clean Up Government Act,’” says Timothy P. O’Toole, a member of the Board of Directors of NACDL. O’Toole testified before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security on Tuesday, July 26, 2011.

    “Cleaning up” government – what could be wrong with that? But there are already more than 20 federal statutes currently being effectively used by federal prosecutors to curtail public corruption and fraud. With over 4,450 federal crimes on the books, and possibly tens of thousands of federal criminal regulations, “it is difficult to believe that existing federal, state and local criminal laws do not already reach all conduct that is properly criminal,” O’Toole observes. H.R. 2572, The Clean Up Government Act of 2011, however well-intended and nobly-named, will only further muddy the federal criminal code, creating confusion, costs to taxpayers, and needless harm to innocent public officials and institutions. “Before Congress passes new laws,” O’Toole says, “it should ask whether the law is necessary.”

    For more information, please click here.

Legislation Would Enforce Government's Duty to Disclose Favorable Information to Accused 

    Many recent cases have exposed the fact that federal prosecutors, whether through negligence or by design, all too often fail to abide by their constitutional duty to disclose information favorable to the defendant. To help ensure fairness in federal criminal proceedings, the Board of Directors of NACDL has endorsed model legislation drafted by NACDL’s Discovery Reform Task Force that would require the government to disclose all information favorable to the accused in relation to any issue to be determined in a federal criminal case.

    For more information, please click here.

NACDL Appears in Federal Court to Challenge Government's Policy of Searching Laptops and Electronic Devices at Borders Without Reasonable Suspicion  

    NACDL appeared in federal court in New York on July 8, 2011, for oral argument in Abidor v. Napolitano, a case challenging the U.S. government's policy of searching travelers' laptops and other electronic devices at border checks without reasonable suspicion. NACDL filed the lawsuit in September 2010 with the ACLU and the New York Civil Liberties Union; plaintiffs are the National Press Photographers Association, Pascal Abidor, a 26-year-old dual French-American citizen who had his laptop searched and confiscated at the Canadian border, and NACDL, which is a plaintiff as well as counsel on the case. NACDL National Security Coordinator Michael Price appeared on behalf of NACDL.

    Coverage of the hearing is available from CBS News, Thomson Reuters, Bloomberg, CNET, and Firedoglake.

National Advocacy Conversation on Developing Legislation/Litigation - Incarceration Policy 

    In September, NACDL's State Criminal Justice Network will resume the National Advocacy Conversations on Developing Legislation/Litigation. The next conversation will focus on the Justice Policy Institute’s recent report, Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies. The conversation will take place on Wednesday, September 21, 2011, from 12:30 p.m. - 1:30 p.m. Eastern Time. Please send an email to scjn@nacdl.org if you are interested in participating.

    Gaming the System explores how private prison companies may try to present themselves as just meeting existing demand for prison beds and responding to current market conditions, but they have in fact worked over the past decade to create markets for their product. As revenues of private prison companies have grown over the past decade, the companies have had more resources with which to build political power, and they have used this power to promote policies that lead to higher rates of incarceration.

    For-profit private prison companies primarily use three strategies to influence policy: lobbying, direct campaign contributions, and building relationships, networks, and associations. Gaming the System, authored by Justice Policy Institute Research Assistant Paul Ashton, offers recommendations on how cash-strapped states can find alternatives to sentencing and not lean on private prisons as an escape route.

Join NACDL's 100 Days Challenge! August 6 - November 14 

    As Lisa Monet Wayne begins her term as NACDL's sixth woman president, we invite you to join our 100 Days Challenge to foster the growth of women lawyers, to inspire them to pursue a career in criminal defense, and to call upon all women criminal defense lawyers to join NACDL today!

    NACDL is the nation's preeminent community serving the criminal defense profession, and is committed to serving a diverse and inclusive community of lawyers. As NACDL President-Elect Lisa Monet Wayne recently wrote in The Champion, "Women can bring to the table effective listening skills, the ability to be persuasive in the courtroom, and a unique depth of compassion." So Lisa is calling on all of us to bring more women into the profession and into the criminal defense community.

    You know lots of other defense attorneys, right? Just tell them why you're a member of NACDL, how long you've been a member, and how it has helped you. For talking points on NACDL membership, a membership application you can forward, a sample email message – even sample tweets – go to www.nacdl.org/100Days.

    Special Introductory Offer for first time members: a full 15 months of member benefits for the price of 12!

    How you benefit: For every new member you recruit (regardless of gender), you receive a $25 discount off your next year's dues – up to a total of $125 – and you'll earn a chance to win one of two Kindles or two $50 gift cards from Amazon.com!

    In order for you to get credit for the new member, they must put your name in the "Referred by" line on the membership application, and use promo code KA154.

    Key Dates for the 100 Days Challenge:
    Launch Day: August 6
    Phone-a-Thon Day: September 23
    Face-to-Face Day: November 14

    Watch your email for more information!

NACDL and American Bar Association Seeking Applicants for Public Defender Fellowship Program 

    NACDL and the American Bar Association (ABA) are designing and implementing a pilot Public Defender Fellowship Program (PDFP) aimed at advancing best practices in indigent defense representation. The project is funded by the United States Department of Justice and is implemented under the auspices of its Bureau of Justice Assistance.

    Ten public defenders will be selected to participate as fellows in the pilot PDFP. The fellows will first attend the two-day 2011 National Defender Training Program at the William S. Boyd School of Law in Las Vegas, Nevada on September 9–10, 2011, where there will be a separate orientation for fellows. There will be no cost to fellows or their defense systems involved with their attending this program. Travel to and from the program, housing at the program, and registration will be covered by the program.

    PDFP is looking particularly for public defenders from the mountain and central mid-western states. PDFP has received applications from public defenders working in Kansas, Idaho, Montana, and Nevada and is hoping to receive several more.

    For more information about the program including how to apply, please click here. PLEASE NOTE: Applications must be received by July 29, 2011.

Notice of Proposed Bylaws Change 

    Pursuant to Article XIII, Section 1 of the Bylaws, this shall serve as notice of proposed amendments 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. Subsequently, on May 20, 2011, at a regularly scheduled meeting in Washington, DC, the Board of Directors voted to submit an additional proposed change to the membership. The membership will vote on both proposed changes to NACDL's Bylaws at the Annual Membership Meeting on August 6, 2011, in Denver, Colorado.

    The amendments can be found here.

    The reasons for the proposed changes are described in the Action Reports.

NACDL's 10th Annual State Criminal Justice Network Conference 

    Register Today! 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.

    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.

    To view a draft agenda, please click here.

    To register, please click here. Please note: If you are not an NACDL Member, you will need to create a "Visitor Account" in order to register for this event.

    For more information and to check for updates, please visit www.nacdl-statecrimjustice.org or contact NACDL's State Legislative Affairs Director Angelyn Frazer at angelyn@nacdl.org or at (202) 465-7642.

Register Today for NACDL and NCDD's 15th Annual DWI Means Defend With Ingenuity Seminar in Las Vegas! 

    Don't delay, register today for NACDL and NCDD's 15th Annual DWI Means Defend With Ingenuity Seminar: "Winning at Every Level," September 15 - 17, 2011 at Caesars Palace in Las Vegas. Whether you are just starting a DUI practice or are a seasoned practitioner, you are sure to improve your expertise of DUI defense strategy at the nation's biggest and best DUI Seminar!

    Join 600+ of your DUI colleagues from around the country for the nation's biggest and best DUI Seminar! With top presenters, intense topics, and concentrated sessions - you're guaranteed to find new ideas and strategies to effectively represent your clients at trial!

    Topics and Speakers will include:

    • The Cure for Bad Breath - Jim Nesci  
    • Understanding Gas Chromatography - Jim Nesci and Joe St. Louis  
    • Ethically Winning New DUI Clients - Evan Levow  
    • Evaluation of Suspected DUI Drug Cases - Dr. Jennifer Souders  
    • Medical Expert Testimony - Dr. Jennifer Souders and Ted Vosk  
    • Using Gait Analysis for the Win - Evan Levow and Dr. Paul Greenberg  
    • And Much More... 

    Scholarships are available to partially subsidize the cost of registration. For more information on scholarships please visit the Scholarship Page.

    Register today and gain the knowledge and expertise you need to win your next DUI case!

Registration is Now Open for the 7th Annual Defending the White Collar Case Seminar! 

    Register before August 5th, and save $100 off your registration fees!

    Make your plans now to attend the nation's premiere White Collar CLE program, the 7th AnnualDefending the White Collar Case Seminar, produced in partnership by NACDL and the Louis Stein Center for Law & Ethics at Fordham University Law School, September 22 – 23, 2011.

    We are in the midst of great change, and the best way to keep-up with change is to share our experiences with each other. Join us in New York for networking and get the inside scoop on the biggest, most current cases we are facing today in white collar crime through a wide array of presentations with panel participants from the government as well as the defense bar and the judiciary.

    Topics to be addressed will include:

    • Wires and Warrants: Blue Collar Tactics in White Collar Cases  
    • Cooperation: When to Shut Up and How to Put Up  
    • Mind Games: Challenging Intent, Winning the Case  
    • The ABCs of D-efense in an E-lectronic Age: Ethics and Strategies  
    • Juries from Selection to Summation  
    • And much more! 

    Featured Speakers include:

    • Hon. Paul L. Friedman  
    • Robert S. Bennett  
    • William W. Taylor, III  
    • Andrew T. Wise  
    • And more! 

    As an experienced white collar veteran, or someone interested in getting into white collar defense, you do not want to miss this seminar!

    Register Today!

Get Ready for NACDL's The Power of Persuasion: Skills for Effective Communication Seminar in Chicago! 

    Join us for NACDL's 2011 Fall Seminar at the historic Drake Hotel in Chicago, Illinois, October 20-22, 2011.

    You know the rules of evidence and the fundamentals of an oral argument as well as the next lawyer, so why do their arguments and cross-examinations outshine yours?

    The answer is in the Power of Persuasion. The ability to fluidly and effectively communicate is a natural skill possessed by few people, so for the average lawyer, it is a skill that must be learned. Discover how to get the upper hand in your next case by understanding the concept of personality as persuasion. Gain the insight of the time- tested techniques used by some of the best litigators in the country and start implementing your power to persuade when communicating with all audiences, including judges, jurors, and prosecutors.

    Topics and Speakers will include:

    • Effective Client Communication - Cynthia Roseberry  
    • Persuasion Through Storytelling - Jodie English  
    • Sway: The New Art of Persuading Predictably Irrational Jurors - Dr. Sunwolf  
    • The Ethical Limits of Persuasion - Martin Pinales  
    • Persuading With Science - Brendan Max  
    • And Much more… 

    Join your colleagues from around the country for another world-class NACDL CLE, and return home a better, more effective communicator. Register Today!

NACDL Launching New Website This Summer 

    This summer, NACDL is launching its new Website. On it, expect to find all of the tremendous resources you have come to expect from NACDL – The Member Directory, Brief & Motion Bank, NACDL Legal Education Programs and Resources, The Champion Magazine, Extensive Policy and Advocacy Materials, Amicus Briefs, Member Benefits, News & Information, and much, much more. NACDL’s new site will bring expanded functionality, ease of use and improved searchability to your online NACDL experience. “Liberty’s Last Champion” is stepping out front to provide our members and audiences with a more effective, efficient and aesthetically pleasing Internet home for the criminal defense bar. Stay tuned for more details in the coming weeks.

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 JusticeBriefing. 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.

Contribute to NACDL's Brief & Motion Bank! 

    One of the great benefits you get as a member of NACDL is our Brief & Motion Bank, containing almost 400 documents across over 50 topics. We hope you will also help to strengthen 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 & Motion Bank for other NACDL members. If you would like more information, please contact NACDL's Resource Counsel Vanessa Antoun at vanessa@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) 465-7638.

    All information will remain confidential.

Where in the World is NACDL? 

    From July 15-16, 2011, Executive Director Norman Reimer and Resource Counsel Vanessa Antoun attended the first of four regional indigent defender trainings presented by NACDL and the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants in Indianapolis, Indiana. The grant-funded program for public defenders and court-appointed counsel focused on defending cases involving forensic evidence. Norman Reimer spoke about caseload standards and both he and Vanessa Antoun led small group training sessions. The small groups brainstormed strategy and defense theories based on a case file and conducted mock cross examinations of arson and fingerprint experts. A separate track provided specialized training to supervisors. The next trainings will be in Las Vegas, Nevada, from September 9-10; in Atlanta, Georgia, from October 14-15; and in Austin, Texas, from November 4-5. Applications are now being accepted for Las Vegas. For more information or to apply, please visit www.indigentdefense.org.

    On Tuesday, July 26, 2011, Executive Director Norman Reimer, Counsel for White Collar Crime Policy Tiffany Joslyn, White Collar Crime Policy & Resource Counsel Law Clerk Mary Grace Miller, and Director of White Collar Crime Policy Shana-Tara Regon attended a Congressional hearing in Washington, DC, before the Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee. NACDL Board Member Timothy P. O'Toole testified on behalf of NACDL on "H.R. 2572, the 'Clean Up Government Act of 2011.'"

NACDL on Twitter 

    NACDL has an official Twitter account, @NACDL, and now has 904 followers. Getting set up on Twitter is easy and free, just visit http://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 

    NACDL is on Facebook. Recently, Facebook changed the way member groups operate, so to keep up with all of NACDL's updates, please be sure to "like" the NACDL Public Page (http://www.facebook.com/NACDL), which now counts over 1,788 fans following NACDL's work. 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 this link to get directly to NACDL's 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 

    Florence v. Board of Chosen Freeholders of the County of Burlington et al., U.S. Sup. Ct., No. 10-945, decision below 621 F.3d 296 (3rd Cir. 2010), brief filed 6/27/11. Fourth Amendment—Arrestees—Strip Searches. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner. Argument: An across-the-board policy of strip-searching all persons arrested and detained, without regard to the basis of arrest or individualized suspicion. Arrests can and do result from a wide range of minor offenses and non-criminal violations, and they often occur under circumstances for which there is no reasonable basis for suspecting the arrestee may be attempting to smuggle contraband into a detention facility. To the extent that either the type of the offense or circumstances of arrest do raise such a concern, the Fourth Amendment permits necessary searches. However, absent such a basis for suspicion, the serious personal invasion of a strip search cannot be justified under the Fourth Amendment. Authors: Meir Feder and Leslie B. Dubeck, Jones Day, New York, NY, and David Porter, Sacramento, CA.

    Greene v. Fisher, U.S. Sup. Ct., No. 10-637, decision below 606 F.3d 85 (3rd Cir. 2010), brief filed 6/24/11. Habeas corpus – AEDPA – Teague Retroactivity. Amicus curiae brief of the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders in support of the petition for certiorari. Argument: 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: David M. Porter, NACDL, Sacramento, CA, and Brett G. Sweitzer and Claudia Van Wyk, National Association of Federal Defenders, Philadelphia, PA. Previously filed: NACDL brief in support of certiorari, filed 1/3/11. Authors: Jeffrey T. Green, Sidley Austin LLP, Washington, D.C. and Sarah O’Rourke Schrup, Northwester Univ. Supreme Court Practicum, Chicago, Ill.

    Phillips v. United States, 5th Cir., No. 09-20871, filed 7/8/11. Attorneys Fees—Sixth Amendment—Right to Counsel. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellants. Argument: Government’s threat of prosecution of corporation in order to pressure company into disavowing long-standing policy of paying employees’ attorneys’ fees amounted to an impermissible infringement on employees’ Sixth Amendment right to counsel of choice, and, as in United States v. Stein, 541 F.3d 130 (2nd Cir. 2008), dismissal of the indictment is the appropriate remedy. Authors: John P. Elwood, Craig D. Margolis and Yousri H. Omar, Vinson & Elkins LLP, Washington, DC.

Recent NACDL Letters and Member Testimony 

Upcoming Affiliate & NACDL Seminars 

    August 3-6
    NACDL's Annual Meeting & Seminar
    Location: Westin Denver Downtown, Denver, CO
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 465-7630or email akvile@nacdl.org. For more details, visit our meetings Website at www.nacdl.org/meetings

    August 4-5
    NACDL's 10th Annual State Criminal Justice Network Conference
    Location: Westin Denver Downtown, Denver, CO
    Contact: NACDL's State Legislative Affairs Director Angelyn Frazer at (202) 465-7642 or email angelyn@nacdl.org. For more details, visit http://www.nacdl-legnet.org/

    August 11-12
    Texas: TCDLA's 9th Annual Top Gun DWI Seminar
    Crowne Plaza, Houston, Texas
    Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or email jmartinez@tcdla.com

    August 12-13
    Tennessee: TACDL's Annual Meeting & Seminar
    Holiday Inn Select Downtown, Memphis, Tennessee
    Contact: TACDL'sExecutive Director Suanne Bone at (615) 329-1338 or email suannebone@tacdl.com

    September 9
    Louisiana: LACDL's DWI One Day Seminar
    Baton Rouge, Louisiana
    Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or email david@tatmangroup.com

    September 9
    New York: Federal Practice Seminar
    Charles Brieant Conference Room, Federal Courthouse, 500 Pearl Street, New York
    Contact: NYSACDL's Executive Director Margaret Alverson at (212) 532-4434 or email malverson@nysacdl.org

    September 15-17
    NACDL's 15th Annual DUI Seminar- 'DWI Means Defend With Ingenuity'
    Location: Caesars Palace, Las Vegas, Nevada
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 465-7630 or email akvile@nacdl.org. For more details, visit our meetings Website at www.nacdl.org/meetings

    September 16
    Tennessee: TACDL's Juvenile Defense Seminar & Training
    Birch Building, Nashville, Tennessee
    Contact: TACDL'sExecutive Director Suanne Bone at (615) 329-1338 or email suannebone@tacdl.com

    September 16-17
    Pennsylvania: PACDL's “Brainstorming the Capital Case” Seminar
    Gettysburg, Pennsylvania
    Contact: PACDL's Executive Director Debra H. McGovern at (717) 234-7403 or email pacdl@aol.com

    September 21-24
    Georgia: GACDL’s Bill Daniel Trial Advocacy Program
    UGA Center for Continuing Education, Athens, Georgia
    Contact: GACDL's Executive Director Jennifer Mackall at (404) 248-1777 or email jennkcarter@att.net

    September 22-23
    NACDL's 7th Annual Defending White Collar Cases Seminar
    Location: Fordham University Law School/ Host hotel: Holiday Inn Midtown-57th Street, New York
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 465-7630 or email akvile@nacdl.org. For more details, visit our meetings Website at www.nacdl.org/meetings

Modern Evidence, Modern Defenses Self-Study CLE 

    Order your copy of NACDL's newest DVD release "Modern Evidence, Modern Defenses”. This self-study program will teach you the skills necessary to effectively deal with evidence throughout the entire trial, from investigation through closing. Learn new techniques for presenting evidence to increasingly tech-savvy juries while brushing-up on the basics of solid lawyering. You'll finish this program armed with strategies to admit the evidence you need, keep out what you don't, and neutralize the rest.

    Topics include:

    • Creative and Aggressive Uses of Evidence  
    • Using Your Evidence in Storytelling  
    • Neutralizing Bad Evidence  
    • Ethically Dealing with Modern Evidence  
    • Dealing with Scary Evidence in Voir Dire  
    • A Five Step Analytic Approach to Dealing With an Expert  
    • Electronic Evidence: Finding It, Obtaining It, and Getting It Admitted  
    • And more!  

    Make the evidence in your trial work for you. Click here for additional information.

    ContactDoug Reale at (202) 465-7643 or via email: doug@nacdl.orgto place your order today!

Three VALUABLE DWI Resources at One-Great Price! Become a Field Sobriety Expert 

    In NACDL’s newest must-have DVD program Scientific Evidence in DUI Cases, Steven Oberman addresses the science behind the absorption, distribution & elimination of alcohol in the human body, and issues with blood-alcohol concentration measurement. This one-of-a-kind program also covers the measurement of alcohol in the human body with breath testing—including fuel cell devices, infrared devices, and factors affecting breath test analyses, and much more.

    Another fundamental NACDL resource is our Cross of the Field Sobriety Test DVD, also presented by leading DUI defense lawyer Steven Oberman. 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. Learn how to win your next DUI case with best-in-practice cross-examination techniques that specifically highlight the shortcomings of field sobriety tests.

    NACDL has the latest NHTSA DWI SFST Manual (revised 2009)availablefor 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.

    We’ve packaged these three great learning tools for the low price of $400 – a $50.00 savings when you purchase all three together. 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) 465-7643. Order your DVD today and win even your most difficult DUI case! Click here to download an order form!

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 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.

Questions, comments, or news items?  

    E-mail or call Director of Public Affairs & Communications Jack King at (202) 465-7628 or E-mail or call Deputy Director of Public Affairs & Communications Ivan Dominguez at (202) 465-7662.

    Please feel free to pass along the E-NEWS to friends. Ask them to click here to become a member.




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