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Vol. 10 Issue 10 - 10/28/2011

DOJ Must Explain Missile Attacks on U.S. Citizens Abroad

Media and individuals across the political spectrum are calling for the government to explain the legal reasoning behind the killings. The National Association of Criminal Defense Lawyers (NACDL) has filed a Freedom of Information Act request seeking legal memoranda justifying the targeting individuals overseas with lethal force and the role the Department of Justice plays in extrajudicial executions.

To read a statement by Lisa Wayne, click here.

NACDL Holds Hearings on Legal Barriers Faced By Convicted Persons

The Task Force on Restoration of Rights and Status After Conviction held its inaugural hearing in Chicago, Ill. on Oct. 20 and 21, 2011. Approximately two dozen witnesses over the course of two full days testified before the task force providing a range of personal and professional experiences, perspectives and expertise on the important practical issues surrounding barriers to re-entry and the collateral consequences of a criminal record. Witnesses included Judge Paul Biebel, Presiding Judge, Cook County Circuit Court, Criminal Division and John Schomberg, General Counsel, Office of the Governor of Illinois, as well as individuals who themselves confronted barriers to re-entry and other stakeholders. The Task Force is chaired by Rick Jones and Vicki Young and members include Lawrence Goldman, Elissa Heinrichs, Margaret Love, Penelope Strong, Geneva Vanderhorst, and Chris Wellborn.

For more information, please click here. 

NACDL's Task Force on Judicial Independence and DePaul University Co-sponsor Judicial Independence Symposium

On October 20th, NACDL's Task Force on Judicial Independence co-sponsored a symposium in partnership with DePaul Journal for Social Justice. The program was organized by Professor Andrea Lyon of DePaul. The topic was the effect of money on judicial elections, and featured an array of panels that looked at all aspects of the problem. Among the guest speakers were Illinois Supreme Court Justice Thomas Kilbride, Former Iowa Supreme Court Justice David Baker, Amanda Frost of American University College of Law, Stefanie Lindquist of the University of Texas at Austin School of Law, Jed Shugerman of Harvard Law School, and Bert Brandenburg of the Justice at Stake Campaign. DePaul Journal for Social Justice will use the content of the symposium to publish a number of papers. 

Civil Liberties and Defense Groups Seek to Require Warrants for Police GPS Surveillance

NACDL joined numerous other groups in urging the Supreme Court to bar GPS surveillance without a warrant. In US v. Jones, NACDL filed an amicus brief (available here) arguing that warrantless GPS surveillance imposes an unacceptable burden on First Amendment associational privacy rights as well as Fourth Amendment privacy rights. The groups joining the Brief include the Brennan Center for Justice at New York University School of Law, the First Amendment Lawyers Association, and three NACDL state affiliates who have appeared with NACDL in warrantless GPS tracking cases in their respective jurisdictions – the District of Columbia Association of Criminal Defense Lawyers (DCACDL), the New York State Association of Criminal Defense Lawyers (NYSACDL), and the Ohio Association of Criminal Defense Lawyers (OACDL). The brief argues that the warrant requirement is minimally burdensome, as illustrated even by the facts of this very case. In addition, the brief explains that there is nothing about the nature of motor vehicles that justifies a blanket exception to the warrant requirement, and that the automobile exception manifestly does not apply to warrantless GPS tracking.

NACDL Executive Director Norman L. Reimer explains, "In this case, the Supreme Court will define a key aspect of American life for generations to come - whether privacy can survive the technological advances of the digital age. Put more bluntly, does the government have the unilateral right to track every person's comings and goings, necessarily revealing everything from religious and political associations to consultations with attorneys and physicians, without any limitation and without any showing of suspected criminality?" 

"Absent a high court finding of a warrant requirement for this type of surveillance, there is simply no way for the innocent and law-abiding to disable this new feature of the brave new world of American life and law enforcement," Reimer added. 

A link to NACDL’s joint amicus curiae brief in United States v. Jones is available here.

For more information, please click here.

PENN LAW SYMPOSIUM -- Sentencing Law: Rhetoric and Reality

NACDL and the University of Pennsylvania Law Review will host a symposium, “Sentencing Law: Rhetoric and Reality,” at Penn Law School on October 28 and 29. A diverse and distinguished group of speakers will discuss topics such as prison overcrowding, the expansion of criminal law and sentencing, the war on drugs, the future of sentencing guidelines, and more.

Confirmed speakers include:

  • Professor Douglas Berman, Moritz College of Law, Ohio State University
  • Judge Frederic Block, U.S. District Court for the Eastern District of New York
  • Congressman Bobby Scott of Virginia
  • Judge Denny Chin, U.S. Court of Appeals for the Second Circuit
  • Margaret Colgate Love, former U.S. Pardon Attorney, U.S. Department of Justice
  • Professor Nancy Gertner, Harvard Law School, former U.S. District Judge, Massachusetts
  • Former DEA Administrator Asa Hutchinson
  • Marc Mauer, Executive Director, The Sentencing Project
  • Norman L. Reimer, Executive Director, National Association of Criminal Defense Lawyers
  • Former FBI Director William Sessions
  • Lisa Wayne, President, National Association of Criminal Defense Lawyers

The symposium will take place in the Levy Conference Center at the University of Pennsylvania Law School, at 2400 Chestnut Street, Philadelphia. The conference begins at 4 p.m. on Friday, October 28, and concludes with a reception at 5:45 p.m. on Saturday, October 29.

The full list of panels and speakers, and registration information, is at the school’s Website at www.pennumbra.com/symposia/. Symposium attendees may receive up to 12 hours of Continuing Legal Education (CLE) credit at $10 per credit.

Media are advised to register in advance. E-mail James Tsuei, tsuei@law.upenn.edu to register, or if you have questions about this event.

Mason C. Clutter Appointed National Security Counsel for NACDL

(October 24, 2011) Mason C. Clutter of Washington, D.C. has been appointed to serve as NACDL's as National Security Counsel. Ms. Clutter will guide NACDL’s efforts to confront the increasing curtailment of fundamental rights under the rubric of national security and will provide resources to both civilian and military lawyers as they encounter national security issues in criminal prosecutions. In addition, Ms. Clutter will pursue initiatives designed to identify and oppose the misuse of national security and electronic surveillance laws.

“Mason Clutter brings exceptional experience and dedication to this increasingly important position,” said NACDL Executive Director Norman Reimer. “As an attorney who has developed and promoted policy positions related to the intersection between national security and the justice system, Mason is well-qualified to guide NACDL’s dual mission of support for the criminal defense bar and advocacy for reform. I am confident that she will significantly enhance NACDL’s capacity to safeguard fundamental constitutional principles. We welcome her to NACDL’s outstanding public policy team.”

Ms. Clutter responded, “I am truly honored to have the opportunity to join the National Association of Criminal Defense Lawyers. I look forward to working with NACDL’s distinguished members and experts as we continue to seek reforms—both in Congress and in the courts—to restore the rule of law. As we enhance our civil liberties and safeguard fundamental constitutional protections, we also strengthen our national security.”

Ms. Clutter earned an LL.M. in Law and Government from American University’s Washington Collegeof Law, where she specialized in constitutional law and civil rights. She earned her J.D. from Barry University in Orlando, Florida, and her B.A. in Legal Studies from the University of Central Florida. Ms. Clutter comes to NACDL from The Constitution Project where she served as Counsel to the Rule of Law Program, supporting a variety of projects related to national security. She helped advance the Project’s opposition to indefinite detention and support for reliance upon traditional federal courts to try terrorism suspects. Prior to her tenure at The Constitution Project, Ms. Clutter was a Research Associate at the National Litigation Project of the Lowenstein International Human Rights Clinic at Yale Law School.


Nearly 15 years ago, in response to a Freedom of Information Act lawsuit filed by NACDL, DOJ Inspector General Michael Bromwich released his office’s report on misconduct in the FBI Lab. The case was National Association of Criminal Defense Lawyers, et al. v. U.S. Dept. of Justice, D.D.C., No. 97-cv-0032, filed 2/25/97.

During the course of the litigation, Justice Department lawyers represented that a “Brady Task Force” of DOJ lawyers was in the process of identifying and reviewing old cases in which a dozen suspect FBI lab examiners had testified and would be notifying the prosecutors who handled those cases

We are interested in identifying:

  1. Cases in which any type of disclosure was made.
  2. Cases in which the OIG report was disclosed.
  3. Cases in which a scientific review was disclosed.
  4. The outcome resulting from the government’s disclosure.

If you handled a case that was affected by the FBI Lab scandal you or your client may have been contacted by the DOJ or state and local prosecutors between 1997 and 2005 notifying the defendant about the OIG Report; potential forensic/scientific problems with evidence that was analyzed by the FBI Laboratory; or problems in your case.

The FBI Lab examiners named in the report and the year they joined the FBI Lab are: Richard Hahn (1987), Robert Heckman (1990), Wallace Higgins (1989), Alan Jordan (1983), Lynn Laswell (1975), Michael Malone (1975), Roger Martz (1975), J. Christopher Ronay (1977), Terry Rudolph (1978), James Thomas Thurman (1981), Robert Webb (1976) and David Williams (1978).

If you represented a defendant in a case involving one of these FBI Lab examiners between the late 1970s and 1997, it is likely that case was part of the FBI and DOJ Task Force review.

If a disclosure was made by the DOJ or a state or local prosecutor in one of these cases it may have simply been in the form of a letter stating that the case was under review.

If you had a case affected by a problem in the FBI Lab please email Jack King, jking@nacdl.org. 

NACDL accepting Proposals for Capital Defense Training Counsel

NACDL is currently accepting proposals from individuals to serve as an independent contractor to provide ongoing technical assistance to capital defense teams and to state grantees, and coordinate one national training for capital defense attorneys under a grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA). Applicants must be an attorney licensed in their state with extensive expertise in litigating death penalty cases, as well as experience providing training to capital defense attorneys. The consultant will serve as NACDL’s Death Penalty Training and Assistance Counsel funded by the BJA grant. Proposals should be received by 6:00 p.m., November 28, 2011.

For more information about this position, please click here

NACDL's New Look and Services Offer More to Members!

NACDL has recently undergone some technology upgrades and a fundamental change in how NACDL delivers information to members. During the past two years we have made major improvements to our online membership directories to provide you with the most accurate, up-to-date information possible. Our online directories are provided in three separate formats:

  • A free, public Find-A-Lawyer directory, in which anyone can find an NACDL member attorney to represent them – now with a geographic radius search 
  • A comprehensive directory, available only to members, which provides full contact information for all NACDL members, also with the geographic radius search
  • A Life Member directory, comprising expanded profiles with photographs of our life members; Life members' expanded profiles are also directly accessible from any directory search.

In addition, we have launched a new website that provides far greater navigability and presents an incredible array of valuable information to support the criminal defense bar.

Now that we have completed this technological upgrade by providing accurate and accessible online membership directories, NACDL must continue to adjust to the new realities which make the cost of producing a Member Handbook prohibitive. I know that many of you recognize that the rising costs of paper, production and postage require an extraordinary allocation of scarce resources. Practically every day we learn of new ways in which society and the legal profession are moving to paperless communication. Indeed, as I write this letter, there are serious questions about the long term sustainability of the United States Postal Service.

Accordingly, as explained by President Lisa Wayne in her recent message to membership, NACDL will no longer produce and distribute a printed version of the Member Handbook to all members as an inherent membership benefit. Despite this change, we are mindful that many members still prefer the look, feel and, at least in the view of some, the continued convenience of a bound handbook. Thus, NACDL will continue to produce a printed Member Handbook, which we will make available to members at cost. NACDL believes that this approach strikes a reasonable balance between those who, on one hand, prefer a more environmentally responsible approach and do not want to underwrite the costs of a medium that they will not use, and those who prefer a medium with which they are more comfortable. The cost, including postage, will be $23.45. The 2012 Member Handbook will include all of the information that appears in the 2011 Handbook, including the complete alphabetical listing of every NACDL member and their contact information, accurate as of the date of production.

To pre-order your copy of the 2012 member handbook, please visit our website at www.nacdl.org/handbook. The number of directories we print will be based on pre-orders, and we cannot guarantee availability of the handbook unless you place your order by November 1, 2011.

To login to our website, your user ID is the email address at which you received this message. If you don't know your password, please click the "Forgot Password?" link to have it instantly emailed to you.

If you have questions about this year’s handbook or the online membership directories, please contact our membership director, Michael Connor at mconnor@nacdl.org or 202-465-7654.

National Advocacy Call on Developing Legislation

On Tuesday November 16, 2011 from 2:00-3:00 pm (EST), please join us for our National Advocacy Call on Developing Legislation. The call will feature Lori Albin, Director of National Juvenile Justice Network’s Fiscal Policy Center. This call is designed to provide you with an understanding of state budget processes, as well as equip you with tools that will enable you to make concrete fiscal arguments to support state level reforms and future changes to the criminal justice system.

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

About our Speaker

Lori Albin, Director of NJJN’s Fiscal Policy Center, has been working in the juvenile and criminal justice fields for more than fifteen years. Ms. Albin has a strong background in both fiscal analysis and juvenile justice advocacy and policy. Ms. Albin began her career as a financial analyst for Dun & Bradstreet, attained a CPA and was Chief Financial Officer of several highly successful private entities prior to attaining her law degree. After state appellate and federal trial court clerkships, Ms. Albin put her legal skills to work as an Assistant Public Defender for the Maryland Office of the Public Defender. Ms. Albin also spearheaded the defeat of hundreds of bills that would have increased the criminalization of juveniles. The cornerstone of Ms. Albin’s successful advocacy was her intimate knowledge of the budget process and an understanding of the fiscal impact of legislation. Ms. Albin received a bachelor degree in economics from Kenyon College and graduated summa cum laude from the University of Baltimore School of Law.

Advocacy Action Needed

Please take ONE MINUTE to send your Representative a letter urging them to co-sponsor H.R. 2567, the Federal First Offender Improvement Act.

Click Here to Voice Your Support 

This important piece of legislation will allow judges to use their discretion in placing certain deserving low-level, nonviolent drug offenders on probation instead of sentencing them to prison.  

We know you are busy, but please take the time to let your Representative know about this important piece of legislation!  It will take less than a minute! 

Special Election to Fill Vacant Seat on the Board of Directors

NACDL's Board of Directors will hold a special election to fill a vacant seat on the Board. The election will be held at the next regularly scheduled meeting of the Board of Directors in Las Vegas on November 19. Please note this special election is separate from the regular annual election of officers and directors.

Responsibilities: The Board of Directors manages the business and affairs of the Association.

Eligibility: Any qualified member of the Association who is authorized to vote may submit his or her name as a candidate for the Board of Directors. Candidates must state the year and jurisdiction of their bar admission, must indicate whether they are members in good standing of their respective bar, and must disclose if they are under indictment or information for any felony or crime involving moral turpitude.

Process: Any member wishing to submit his or her name as a candidate for the position of Director shall submit a statement of qualifications, not to exceed 600 words. The statement of qualifications should include a description of any past service to the Association (including meetings attended, recruitment efforts, and committee work) and to the legal profession. Curriculum vitae may also be provided. The statement of qualifications must be received by 5pm EDT on November 4, 2011, and should be sent by email to NACDL Elections Registrar Daniel Weir at dweir@nacdl.org. Candidates will be responsible for confirming that their materials have been received.

Each candidate will be given the opportunity, if he or she so chooses, to speak briefly regarding his or her qualifications at the meeting of the Board of Directors in Las Vegas prior to the commencement of the voting. Appearance is optional and no negative inference shall be drawn if a candidate does not attend.

Voting will be conducted by secret ballot. The elected Director will serve the remainder of the current term, which expires at the Annual Meeting on July 27, 2013.

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 unique or exceptional brief or motion? 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 are 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 vantoun@nacdl.org.

Join NACDL's 100 Days Challenge Now…Ends November 21!

In honor of Lisa Monet Wayne’s 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 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.

Insight From Our Members 

“NACDL has been my professional home since I was a young public defender in Texas. The daily challenge of being a criminal defense lawyer requires ongoing support, education and inspiration, all of which NACDL provides in abundance. I cannot imagine doing this work without being a part of this incredible group.”
--Melinda Sarafa (New York, NY) 

“Becoming an NACDL member shows other defense counsel that you take your profession seriously and are committed at a very high level. Especially, when you are just starting out, NACDL helps you develop critical skills more quickly, and garner invaluable contacts. As a practical matter, being able to call colleagues for advice MORE than pays for dues in terms of the outcomes of cases, and reducing the number of research hours. There is camaraderie among like-minded colleagues that I still find encouraging and inspiring.”
--Tracy Green (Los Angeles, CA)  

Spread The Word and You Benefit, Too! 

You know lots of other defense attorneys, right? Just tell them why you are a member of NACDL, how long you have 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:

  • Face-to-Face Day: November 21


Watch your email for more information! 

NACDL-Sponsored Admission to the Bar of the U.S. Supreme Court

NACDL is sponsoring a unique opportunity for up to 12 members to participate in a group admission ceremony to the Bar of the U.S. Supreme Court in Washington, DC. The opportunity will be available to the first 12 qualified members on a first-come, first-served basis and will take place on the morning of January 10, 2012. Members will be responsible for their own travel arrangements, must be in good standing of a state bar for a minimum of three years, and must submit their completed application materials to NACDL by November 12, 2010.

Interested members should contact Obaid Khan, NACDL's National Affairs Assistant, at (202) 872-8600 x638 or okhan@nacdl.org for further instructions.

NACDL's Daily Criminal Justice Briefing 

NACDL now offers a terrific and free member benefit from NACDL's Public Affairs and Communications Office: NACDL's 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.

So far more than 1,100 NACDL members subscribed to the Daily Criminal Justice Briefing. If you would like to join them, simply click here

Know Your Legislator? Let Us Know!

The United States Congress is rife with members having a legal background.  Many Members of Congress practiced law before entering into the world of politics.  Because of this fact, there is a good chance that many NACDL members know and have personal relationships with these legislators.

And, like the old saying, It is not what you know, but who you know.

If you know or have a personal relationship with your Representative or Senators, please let NACDL know.  These relationships can be extremely effective in both creating positive public policy and in advancing criminal justice reform.  

So whether a former roommate at law school, former partner in a law practice, fellow director on a board, or personal friend, please let NACDL if you have a relationship with your legislators.

Simply e-mail Christopher Glen, NACDL's new Manager for Grassroots Advocacy, at cglen@nacdl.org with the following information:
  • Your Name 
  • Your Legislator's Name 
  • Nature of the Relationship (Personal, Business, etc.) 
  • Any Additional Information that You Consider Helpful 

As Congress proposes an ever increasing volume of criminal law, it is imperative that NACDL has all the necessary tools to have a direct dialogue with policy makers in Washington, D.C.  
Your ability to quickly get in touch with an influential lawmaker may be the difference between a step forward in criminal justice reform or a devastating blow to justice for all citizens under the law.  

NACDL Pledge 

  • NACDL will keep all information private.   
  • NACDL will not ask you to do anything out of your comfort-zone. 
  • NACDL will not put you in an awkward situation that might jeopardize your current relationship, whether business or personal.   

So please, take the time to let NACDL know of your federal political relationships.  Doing so not only shows your commitment to NACDL, it shows your commitment to your profession.  

Where in the World is NACDL?

From October 14-15, Executive Director Norman Reimer and Resource Counsel Vanessa Antoun attended the 2011 National Defender Training Program hosted by the NACDL and the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants (SCLAID) at John Marshall Law School in Atlanta, GA.

On October 20, Executive Director Norman Reimer and National Affairs Assistant Obaid Khan attended the Judicial Independence Symposium hosted the NACDL and DePaul Journal for Social Justice in Chicago, IL. The Task Force on Restoration of Rights and Status After Conviction also held its first hearing in Chicago. On October 20 and 21, Executive Director Norman Reimer, Editor of the Champion Magazine Quintin Chatman, State Legislative Affairs Director Angelyn Frazer, and National Affairs Assistant Obaid Khan attended the hearings. 

NACDL on Twitter

NACDL has an official Twitter account, @NACDL, and now has 1,148 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 have 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 idominguez@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 1,918 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 idominguez@nacdl.org.

Recent Amicus Curiae Briefs Posted on NACDL Website

Blueford v. Arkansas, U.S. Sup. Ct., No. 10-1320, decision below ___ SW.3d ___ (Ark. 2011), 2011 WL 285805, brief filed 6/3/11. Double Jeopardy—Lesser-Included Offenses—Mistrial—“Acquittal First” Jury Instructions.  Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari. Argument: In this capital case, the jury, per the court’s instructions, acquitted the defendant of capital murder, then of first-degree murder, but then could not agree on whether the defendant was guilty of manslaughter, and the court declared a mistrial. Supreme Court double jeopardy case law, particularly Green v. United States, 355 U.S. 184 (1957) and Price v. Georgia, 398 U.S. 323 (1970), bars the petitioner-defendant’s retrial on the acquitted charges of capital and first degree murder. Authors: Christopher M. Egleson and Jennelle D. Menendez, Akin, Gump, Strauss, Hauer & Feld LLP, New York, N.Y.

DeWolfe v. Richmond, Md., No. 34, case below 990 A.2d 549 (Md. 2010), brief filed 9/19/11. Right to Counsel—Bail—Initial Appearance—Indigent Defense. Amicus curiae brief of the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, the ACLU of Maryland, the Brennan Center for Justice at New York University Law School, the Center for Constitutional Rights and the National Legal Aid and Defender Association in support of appellees. Argument: The trial court found correctly that there exists a statutory and constitutional right to appointed counsel at a defendant’s initial bail hearing in Maryland. Authors: Christina M. Gatttuso, Kilpatrick Townsend and Stockton LLP, Washington, DC, and Gia L. Cincone, Kilpatrick Townsend and Stockton LLP, San Francisco, CA.

United States v. Behanna, C.A.A.F., No. 12-0030/AR, brief filed 10/18/11. Brady—Failure to Disclose Exculpatory Evidence—Due Process. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant. Argument: Prosecutor’s failure to disclose nontestifying prosecution expert’s opinion that contradicted the prosecution’s theory of the case and also corroborated the defense experts’ opinion and the testimony of the defendant violated the Due Process Clause of the Fifth Amendment. Such conduct also is unethical and constitutes perpetration of a fraud upon the tribunal. Author: Donald G. Rehkopf, Jr., Brenna, Brenna & Boyce PLLC, Rochester, NY.

United States v. Jones, U.S. Sup. Ct., No. 10-1259, case below United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010), brief filed 10/3/11, argument 11/8/11. GPS Surveillance--Search and Seizure--Warrant Requirement--Associational Privacy. Joint amicus curiae brief of the National Association of Criminal Defense Lawyers, Brennan Center for Justice at New York University School of Law, First Amendment Lawyers Association, District of Columbia Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, and the Ohio Association of Criminal Defense Lawyers. Argument: The decision of the D.C. Circuit Court of Appeals should be affirmed. Warrantless GPS surveillance imposes an unacceptable burden on First Amendment associational rights, as well as Fourth Amendment privacy rights. The warrant requirement is minimally burdensome, as illustrated by the facts of this case. There is nothing about the nature of motor vehicles that justifies a blanket exception to the warrant requirement, and the automobile exception manifestly does not apply to warrantless GPS tracking. Authors: Jeffrey T. Green, co-Chair of NACDL’s Amicus Curiae Committee and partner at Sidley Austin LLP in Washington, DC; Susan J. Walsh of Vladeck, Waldman, Elias & Engelhard in New York City; Professor Sarah O’Rourke Schrup of the Northwestern University Supreme Court Practicum in Chicago, Ill.; and Executive Director Norman L. Reimer and Deputy Director of Public Affairs & Communications Ivan J. Dominguez of NACDL in Washington, DC. 

Recent NACDL Letters and Member Testimony

NACDL Letter on Hearing on “Uncertain Justice: The Status of Federal Sentencing and the U.S. Sentencing Commission Six Years after U.S. v. Booker.” 

NACDL Letter on S. 1483, the Incorporation Transparency and Law Enforcement Assistance Act.

NACDL Letter to Members of U.S. Senate Committee on the Judiciary, Subcommittee on Crime and Terrorism on "Drug and Veterans Treatment Courts." 

NACDL Letter on S. 401, the Public Corruption Prosecution Improvements Act, and S. 995, the Public Officials Accountability Act. 

Written Statement of NACDL Board Member Timothy P. O'Toole Before the House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security on "H.R. 2572, the 'Clean Up Government Act of 2011.'" 

Written Statement of NACDL Director of White Collar Crime Policy Shana-Tara Regon Before the House Committee on the Judiciary, Subcommittee on Crime Terrorism, and Homeland Security, on the "Foreign Corrupt Practices Act" 

Register today for NACDL's 4th Annual Defending Drug Cases Seminar and Fall Board Meeting in Las Vegas


There is still time to register for NACDL's 4th Annual Defending Drug Cases Seminar and Fall Board Meeting at Planet Hollywood Hotel & Casino in Las Vegas, November 16-19, 2011.

This one-of-a-kind CLE will leave you with a better understanding of modern drug cases and strategies to better represent your clients before, during, and after trial. Join us for a wide array of presentations given by some of the best litigators and communicators in the country, focusing directly on the issues you need to get up to speed on the latest in drug prosecutions. Discover new approaches and techniques you need to succeed at trial.

Improve your arsenal of necessary tools to win your next drug case - make your plans for Vegas today!  Register Now.


Make your plans for NACDL’s 32nd Annual Advanced Criminal Law Seminar in Aspen!


Start off 2012 at NACDL’s 32nd Annual Advanced Criminal Law Seminar, being held January 15 – 20, 2012, at the elegant St. Regis Hotel in Aspen, Colorado. NACDL's Advanced Criminal Law Seminar, presented in cooperation Victor Sherman, is simply the best criminal defense seminar in the country set in the best ski town in Colorado.

Be inspired by an unparalleled faculty of some of the past years’ most publicized and well-known defense lawyers in the country, as well as notable government officials, judges, and prosecutors.

Join us in Aspen for an unrivaled CLE experience!


Get out of the cold! Head South to sunny Ft. Lauderdale for NACDL’s Midwinter Seminar “Confronting the Mob Mentality II: Challenging Charges of Sexual Assault”!


Prepare yourself to fight the mob mentality and effectively defend your next sexual assault case by attending NACDL’s Midwinter Seminar “Confronting the Mob Mentality II: Challenging Charges of Sexual Assault,” being held February 16-19, 2012 in Ft. Lauderdale, Florida!

Learn best strategies for defending those accused of sex crimes from some of the best litigators and communicators in the country. Get the information you need to overcome obstacles in your defense and give your client and yourself the best chance of success in the most difficult of cases.

In addition to this great 2-day program – we will offer a special 1-day Seminar entitled “The Business of Law: Starting, Running, and Making Your Small/Solo Practice or Firm More Efficient”. Join us for this special event and gain new ideas for your practice!

Mark your calendar now and join us in Ft. Lauderdale this February!

Register Today! 


Order Self-Study CLE directly from NACDL's Online Store


Stay current with NACDL CLE by ordering your self-study DVDs and Audio-CDs directly from our website – in the new Online Store! Ordering self-study CLE content and resources can’t get any easier than this! 

At the NACDL Online Store, you can browse all the multimedia CLE offerings by category, which makes it easy to navigate directly to what you need. Here you will have the ability to purchase Self-Study CLE, publications, and NACDL merchandise directly through our secure online portal – so there is no worry and no hassle. The NACDL Store allows you the flexibility of placing your order any time, day or night, so you can purchase items on your time and your schedule.

NACDL members always receive a member discount on all CLE multimedia ordered through the online store – simply login with your member user name and password and the discounted price will automatically be applied to your order!

Visit the NACDL Online Store today and start shopping!   


Clearance on NACDL Seminar Materials – Stock up on All the Valuable Information You Missed!


The summer has come to an end and NACDL is still overstocked with past CLE Manuals!  What does this mean for you? - NACDL is clearing-out its entire inventory of CLE Manuals at greatly reduced prices! Now is the perfect time for you to expand your legal library and catch-up on the topics you may have missed at just a fraction of the cost!

Manuals of written materials are now available for up to 50% OFF the original price! Additional discounts are available when you purchase (5) or more! 
If you've missed any of NACDL's recent highly-rated seminars only to wish you were able to attend, now is your chance to still gain the valuable information and defense strategies they offered ---and at great summer clearance prices! 

Consider also adding the audio or video recordings of these materials to complement your collection...>>Click Here to view complete MultiMedia CLE Catalog.
Download the order form for a complete listing of all the materials available. For questions, or to place your order, contact Doug Reale at 202.465.7643 or by e-mail at dreale@nacdl.org.

Act fast, there are limited quantities and at these prices, the materials you need may not be around for long! Written materials do not include transcripts. 


NACDL’s Latest DVD Release – No Fear Voir Dire! Order yours today!


Order your copy of NACDL’s newest DVD release, No Fear Voir Dire. Selecting a jury can be challenging and your decisions could make the all the difference in your case, for both you and your client. This enlightening DVD is comprised of the best presentations on voir dire providing you with knowledgeable insight on the best strategies for jury selection.

Learn the principals of effective voir dire, how jurors really think and decide, and more – and take the fear out of voir dire! Get the information you need to make the best decisions on jury selection before your next trial. Order your DVD today!

Questions, contact Doug Reale at (202) 465-7643 or via email: dreale@nacdl.org. Click here to order online! Eligible for up to 12 CLE Self-Study Credits where applicable. 


Upcoming Affiliate & NACDL Seminars

November 4
Texas: SACDLA's Nuts and Bolts Seminar
The Justice Center Central Jury Room, 300 Dolorosa St, San Antonio, Texas
Contact: SACDLA's Executive Director Aissa Garza at 210-501-2916 or e-mail aissailianna@yahoo.com 

November 4-5
Georgia: GACDL’s Fall Seminar
Brasstown Valley Resort, Young Harris, Georgia
Contact: GACDL's Executive Director Jennifer Mackall at (404) 248-1777 or e-mail jennkmac@att.net 

November 6-10
Oregon:OCDLA's Sunny Climate Seminar
Sheraton Maui Resort, Maui, Hawaii
Contact: OACDL's Executive Director John Potter at (541) 686-8716 or e-mail jpotter@ocdla.org 

November 11
South Carolina: SCACDL's Annual Reese I. Joye DUI Seminar
Embassy Suites, Columbia, South Carolina
Contact: SCACDL's Executive Director Teresa Edmonds at (803) 929-0110 or e-mail SCACDL@msn.com 

November 11-12
Louisiana: LACDL's Criminal Litigation Seminar
Hilton Hotel, Lafayette, Louisiana
Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or e-mail david@tatmangroup.com 

November 17-19
NACDL's 4th Annual Defending Drug Cases Seminar & Fall Board Meeting
Location: Planet Hollywood Resort & Casino, Las Vegas, Nevada
Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 ext. 230 or e-mail akvile@nacdl.org. For more details, visit our meetings Web site at www.nacdl.org/meetings 

November 18-19
Pennsylvania: PACDL's 2011 White Collar Practice Seminar
Ritz Carlton Hotel, Philadelphia, Pennsylvania
Contact: PACDL's Executive Director Debra H. McGovern at (717) 234-7403 or e-mail pacdl@aol.com 

Order NACDL’s “Navigating Your Way Through Cross-Examination” DVD and enhance your skills on cross!


Gain the resources you need to improve your skills on cross and gain the advantage in your next trial with NACDL's "Navigating Your Way Through Cross Examination," DVD! This unique DVD comprises the most relevant information on cross examination that will leave you with new ideas, approaches, and strategies to help you navigate cross-examination of the toughest opposition - all presented by a star-studded faculty.

You’ll finish this program armed with the strategies to navigate your way through cross-examination. Order your DVD today!

Questions, contact Doug Reale at (202) 465-7643 or via email: dreale@nacdl.org. Click here to order online! Eligible for up to 14 CLE Self-Study Credits where applicable. 


NACDL Members Save on Verizon Wireless fees and accessories!


NACDL members can now save up to 22% off on Verizon Wireless monthly access fees and 25% off eligible wireless accessories from NPP! This new member benefit allows you to enjoy discounts on corporate Verizon accounts, as well as, adding new lines to your friend and family plans. Minimum of 5 lines required .

Take advantage of this great offer from NPP and learn how your NACDL membership adds up to savings for you!


Challenging Flawed Forensics in Post-Conviction Cases - Free Training Materials! 

Attention lawyers handling post-conviction innocence cases - get your free DVD and a CD-Rom of written materials from NACDL's 2011 conference Righting Wrongful Convictions: Challenging Flawed Forensics (supported by a Bureau of Justice Assistance grant). Topics at the conference included an update on post-NAS report litigation, fingerprints, firearms and toolmarks, arson cases (including dog sniff evidence), shaken baby cases, and more.

For more information or to request a copy of materials, please contact NACDL's Resource Counsel Vanessa Antoun and include your mailing address and the capacity in which you handle post-conviction cases: vantoun@nacdl.org or (202) 465-7663. 

Sprint Nextel Discount for NACDL Members

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

DUI Listserve 

The focus of this listserve is DWI / DUI issues. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Eyewitness Identification 

The focus of this listserve is eyewitness identification. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Forensic Evidence Listserve 

The focus of this listserve is issues surrounding forensics. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

The Young & New Lawyers Listserve 

For criminal defense lawyers who are new to the profession, or just starting out in private practice. Generally, lawyers under 40 years of age, or in their first five years of practice. We also encourage you to participate if you are getting your start in private practice after spending time clerking, working as a DA or PD, or are leaving a firm to start your own practice. More experienced lawyers who have a gift and dedication to mentoring are encouraged to participate and offer advice and share their experience with younger colleagues. It's a place for attorneys getting their start - in whatever way - to get to know each other and to learn from more experienced colleagues. It is a forum where you can ask questions about all those things you need to know that they don't teach in law school. Click here to learn how to subscribe and to review the listserv policies and guidelines.

NACDL Listserve 

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.

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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