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Vol. 10 Issue 11 - 11/30/2011

America’s Grand Jury System: A Blueprint for Reform

NACDL released a groundbreaking new report on restoring and reforming the grand jury system -- Evaluating Grand Jury Reform in Two States: The Case for Reform. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado. In conducting this study, researchers Erin Crites, Jon Gould and Colleen Shepard of the Center for Justice, Law & Society at George Mason University studied the experiences of prosecutors, defense lawyers and retired judges. Four key reform recommendations emerge from the research: (i) defense representation in the grand jury room, (ii) production of witness transcripts for the defense, (iii) advance notice for witnesses to appear, and (iv) the presentation of exculpatory evidence to the grand jury.

To learn more, please click here.

Nevada Supreme Court Justice Michael Cherry Receives NACDL Champion of Indigent Defense Award

At its fall board meeting in Las Vegas, Nevada, NACDL presented Nevada Supreme Court Justice Michael Cherry with its 2011 Champion of Indigent Defense Award. It is the first time since the award was initially presented in 2002 that a judge has received the honor. Justice Cherry chairs the Supreme Court of Nevada’s Indigent Defense Commission, which has been examining how Nevada’s justice system treats criminal defendants who cannot afford to hire their own attorneys.

In notifying Justice Cherry of the award, NACDL president Lisa Wayne, of Denver, Colorado, stated, “Your long and persistent dedication to improving indigent defense systems in the State of Nevada, and in particular your role as the chairman of the Indigent Defense are truly remarkable and are examples of how members of the judiciary can help effect meaningful reform of our criminal justice system.” Ms. Wayne stated in the letter to Justice Cherry that NACDL selected him to “pay tribute to your steadfast support of the Sixth Amendment’s right to counsel.”

For more information, please click here.

Norman R. Mueller Elected to NACDL Board of Directors

In a special election on November 19 to fill a vacancy, Denver attorney Norman R. Mueller was elected to NACDL's Board of Directors at the fall board meeting in Las Vegas, Nevada. A Past President of the Colorado Criminal Defense Bar, Mueller has served on NACDL's Amicus Committee as 10th Circuit Vice Chair.

NACDL to Honor 50th Anniversary of Gideon

At its fall meeting in Las Vegas, Nevada, on November 19, 2011, NACDL’s Board of Directors adopted a resolution committing NACDL to engage in a year-long commemoration of Gideon v. Wainwright, highlighting the Association’s resolve to fulfill Gideon’s promise. NACDL will seek to honor those who represent the poor and educate the public about the importance of the right to appointed counsel in every criminal proceeding. A copy of the Resolution is linked here.

Systemic Concealment in Ted Stevens Case: New Law Needed to Prevent Future Injustices

The November 21, 2011 decision by U.S. District Judge Emmet Sullivan underscores the need for federal legislation setting forth with complete clarity prosecutors’ “affirmative duty to disclose evidence favorable to a defendant.” Judge Sullivan, ruling that prosecutors who indicted and tried the late Sen. Ted Stevens, and at least two other Alaskan state officials, committed serious misconduct by withholding evidence favorable to the defendants, thereby denying them due process and their right to fair trials. An investigation by two attorneys appointed by the court, Henry F. Schulke and William B. Shields found that the investigation and prosecution of Sen. Stevens et al. were “permeated by the systematic concealment of significant exculpatory evidence that would have independently corroborated his defense and his testimony, and seriously damaged the testimony and credibility of the government’s key witness.”

Commenting on Sullivan’s November 21 order, NACDL President Lisa M. Wayne said, “I hope two things come out of the Stevens case.

“First, I hope that the Court orders release of Mr. Schulke’s report, which is said to be 500 pages or more. Second, I hope Congress realizes that sometimes the Constitution, the Supreme Law of the land, needs to be enforced with appropriate legislation. NACDL’s proposed legislation would create clear and meaningful discovery standards governing the prosecution’s duty to disclose any and all facts favoring the defendant or his case.”

To learn more, please click here.

Appeals Court to Decide Constitutionality of Florida’s Drug Laws

A diverse group of organizations and law professors concerned about the elimination of intent requirements in criminal statutes are urging the Eleventh Circuit Court of Appeals to affirm U.S. District Court Judge Mary Scriven’s July ruling that Florida’s law prohibiting possession, sale or delivery of controlled substances is “unconstitutional on its face.” The NACDL, the Florida Association of Criminal Defense Lawyers, the American Civil Liberties Union of Florida, the Drug Policy Alliance, the Calvert Institute for Policy Research, the Cato Institute, the Reason Foundation, the Libertarian Law Council, and 38 professors submitted a joint amicus curiae, or friend of the court, brief on Monday in support of a habeas petitioner who is serving an 18-year sentence under Florida’s strict liability felony drug law.

A copy of the brief is available on NACDL’s web site here. To learn more, please click here.

Minorities Still Burdened with Mandatory Minimum Sentences

The NACDL has opposed mandatory minimum sentences for two and a half decades. The U.S. Sentencing Commission’s comprehensive report on mandatory minimum sentences, released October 31, 2011, shows that statutory mandatory minimum penalties “apply too broadly, are set too high, or both, to warrant the prescribed minimum penalty for the full range of offenders who could be prosecuted under the particular criminal statute.” Nearly three out of four federal inmates serving a mandatory minimum sentence were Black or Hispanic. Moreover, the fixed penalties are costly to society at large. The report acknowledges that mandatory minimums have been a major factor in the tripling of the federal prison population over the past 20 years.

To learn more, please click here.

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 Ft. Lauderdale on February 19, 2012. 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 EST on February 3, 2012, 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. For more information, please see www.nacdl.org/elections.
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 Fort Lauderdale 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.

NACDL's White Collar Criminal Defense College

The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience of negotiating a plea, making proffers, and examining which experts to hire and how to protect the client in this process. Interactive sessions with top white collar practitioners will allow the participants to learn trial skills such as opening statements, cross-examination, jury instructions, closing arguments, and sentencing – all in the context of a white collar matter. The seminar will be held at Stetson University College of Law in Gulfport, Florida on March 15-20, 2012.

For more information, contact Meetings Manager Tamara Kalacevic at (202) 872-8600 x641 or tkalacevic@nacdl.org or click here.

Nominations Open For White Collar Award

In conjunction with NACDL’s inaugural White Collar Criminal Defense College at Stetson University College of Law in March 2012, the college’s Advisory Board calls for nominations by Dec. 15, 2011 for its White Collar Criminal Defense Award. Criteria: (1) Nominee shall have distinguished him or herself in the white collar defense bar; (2) Length of service to the white collar bar and sustained excellence will be considered; (3) Nominee should have enjoyed a recent success in a trial or other major result involving a white collar matter; (4) Membership in NACDL is not required but is encouraged and will be considered; and (5) Nominees may be self-nominated or nominated by others. Please submit nominations to Daniel Weir at dweir@nacdl.org. 

To learn more, please click here.

Turkey, Holiday Cheer, and Legislators

The US House of Representatives adjourns on Dec. 8th. The Senate has not yet confirmed an end date, but has historically adjourned around the same time as the House of Representatives. Congress will not reconvene until Jan. 5th 2012, making the holiday season a perfect time for you to schedule a meeting with your legislators.

The time between Thanksgiving and Christmas can be stressful. But for legislators, it’s a time when they get to leave the political games of Washington behind them for a few weeks and spend time in their home district with their constituents. 

Without the looming threat of floor-votes, committee meetings, and press conferences, legislators and their staff are able to give you their undivided attention. Please take advantage of this opportunity by scheduling a district meeting with your Representative and/or Senators. (Click to find your Representative and Senators)

To schedule a meeting, simply call the district office closest to your home or place of business. Identify yourself as a constituent and tell them you’d like to schedule a time to meet with the legislator. The receptionist will most likely inquire about the desired content of the meeting. Some examples of why you’d like to meet with your legislator include, but are not limited to:

  • Discuss upcoming legislation or issues (for a list of NACDL bills being watched, click here);
  • Educate the legislator about issues related to criminal justice and issues of personal importance to you that may not be on the legislative radar screen;
  • Thank the legislator for supporting or opposing important legislation;
  • Inform the legislator about your expertise in criminal justice matters and offer to be a resource.

If you have questions or need assistance in scheduling an appointment with your legislators, please don’t hesitate to contact NACDL’s Grassroots Advocacy Manager, Christopher Glen, at cglen@nacdl.org or (202) 465-7644.

Public Corruption Hill Staffer Training: Have You Committed a Felony Today?

Federal criminal laws present a labyrinth that is difficult for staffers to navigate in order to stay on the right side of the law. On October 7, 2011, NACDL and the Heritage Foundation co-hosted a training on Capitol Hill to address this very issue. This panel of experts explores the pitfalls facing Hill staffers in federal criminal law and shares insights on what staffers can do to avoid being prosecuted for how they do their job. For anyone working on or around Capitol Hill, this must-see program will help you answer that critical question: Have you committed a felony today? Click here for the video! 

Review a Book for The Champion Magazine

Do you want to review a book for The Champion? Here is the list of available books. Send your request to qchatman@nacdl.org. First come, first served. The reviews are due on March 15, 2012.

Below is a list of the books available for review:

  2. Adam Mitzner, A CONFLICT OF INTEREST (legal thriller about a defense attorney drawn into a high-profile criminal investigation)
  3. Carol Ross Joynt, INNOCENT SPOUSE (true story involving tax fraud, a deceased husband, and the IRS innocent spouse rule)
  4. Peter Manso, REASONABLE DOUBT (prosecutorial misconduct and racism in the 2002 Christa Worthington murder case)
  5. David Shipler, RIGHTS AT RISK: THE LIMITS OF LIBERTY IN MODERN AMERICA (an examination of violations of constitutional principles that preserve individual rights and civil liberties)
  6. Batt Humphreys, DEAD WEIGHT (based on a true story, the author recreates 1910 Charleston, S.C., and an episode of racial injustice)
  7. William Stuntz, THE COLLAPSE OF AMERICAN CRIMINAL JUSTICE (What is wrong with the criminal justice system? Can anyone fix it?)
  8. Sharon Davies, RISING ROAD (revisiting the 1921 murder of a Catholic priest by a Methodist minister)
  9. Grant Jerkins, A VERY SIMPLE CRIME (novel about an assistant district attorney and the straightforward murder case that turns out not to be)
  10. John Paul Stevens, FIVE CHIEFS (a Supreme Court memoir)
  11. Laura Caldwell, LONG WAY HOME (true story of a teenager’s years in a detention center awaiting trial, held for a murder he did not commit)
  12. David Tanenhaus, THE CONSTITUTIONAL RIGHTS OF CHILDREN (exploring the legacy of In re Gault, charting changes and continuity in juvenile justice)
  13. John Milliken Thompson, THE RESERVOIR (novel set in 1885 Virginia, the discovery of a body, a courtroom climax)


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.

Advocacy Action Needed

General Legislative Updates
On November 17, Congress passed a 2012 spending bill that includes $4 million for the John R. Justice Prosecutors and Defenders Incentive Act. While $4M is clearly inadequate to meet the nationwide need for public defender education debt relief, NACDL is relieved that the program survived being zeroed out in a very tough budget year. 

NACDL submitted this statement to the Senate Committee on Indian Affairs explaining why we oppose a proposal to extend tribal court jurisdiction to non-Indians in domestic violence cases. NACDL has been actively opposing legislation would exacerbate the current unfairness of money laundering laws and undermine the Civil Asset Forfeiture Reform Act of 2000 (i.e., S. 1731, the Combatting Money Laundering, Terrorist Financing Act).

National Security
The National Defense Authorization Act for fiscal year 2012 (NDAA) is an annual spending bill that directs how defense appropriations should and should not be used. The bill is currently being debated on the Senate floor and could be subject to a vote by week’s end. This bill contains provisions related to the trial and detention of terrorism suspects, including provisions that would require mandatory military custody of certain terrorism suspects, even those captured within the United States, codify a system of indefinite detention without charge or trial for citizens and non-citizens alike, and continue restrictions on the transfer of detainees from Guantanamo, guaranteeing that the detention facility will remain open for another year.

White Collar
On the frontlines of the overcriminalization battle, the White Collar department is currently focused on preventing the passage of troubling public corruption legislation, such as H.R. 2572 and its various iterations, and supporting legislative initiatives, inspired by the recent Gibson Guitar controversy, to reform the Lacey Act. Whereas the public corruption bills are prime examples of Congress’s thirst for overcriminalization, the efforts to reform the Lacey Act are a clear sign that some on Capitol Hill are listening and the overcriminalization reform message is breaking through. As these bills move through the legislative process, White Collar staff will continue educating the Hill, advocating for reform, and working to activate NACDL’s grassroots network against problematic legislation.

JUST ONE: One word. One call. Just one referral.

You can make a difference in the career of a criminal defense lawyer. Take a moment to refer another lawyer to America’s best-connected and most knowledgeable criminal defense bar association. After all, most NACDL members were introduced by a colleague…now it’s your turn to use the power of one! Make your one referral today! 

Special Introductory Offer: 15 MONTHS OF NACDL MEMBERSHIP FOR THE PRICE OF 12!  

(Open to new members only)

How you benefit: For every new member you recruit, you will receive a $25 discount off your next year's dues – up to a total of $125 – and earn a chance to win an Amazon Kindle Fire.  

Visit: www.nacdl.org/getamember you'll find talking points on the value of membership, sample tweets and Facebook updates, and a specially coded membership application that will give your friend a full 15 months of NACDL member benefits for the price of 12. 

You can make a difference. One word. One call. That's all it takes.  

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 that 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?

A number of NACDL staff and leaders attended the University of Pennsylvania Law Review Symposium, Sentencing Law: Rhetoric and Reality on October 28-29, 2011. NACDL co-sponsored the keynote panel, The Politics of Sentencing Law, which featured Rep. Bobby Scott, former Rep. Asa Hutchinson, PA Sen. Stewart Greenleaf, and Judge William Sessions. NACDL President Lisa Wayne spoke on a panel about Race and the War on Drugs. Executive Director Norman Reimer spoke on a panel on Mandatory Minimums, and Policy Counsel Malia Brink moderated a panel on Problem-Solving Courts.

On November 4th and 5th, Executive Director Norman Reimer and Indigent Defense Counsel John Gross attended the the final seminar of 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) in Austin, TX.

From November 16-19, NACDL held its Fall Meeting and Drug Seminar in Las Vegas, NV. In attendance were Executive Director Norman Reimer, Deputy Executive Director Thomas Chambers, Education Assistant Akvile Athanson, Sales and Marketing Director James Bergmann, Membership Director Michael Connor, Membership Marketing Manager Linda Gill-Anderson, Indigent Defense Counsel John Gross, Manager for Meetings and Education Tamara Kalacevic, Associate Executive Director of Programs Gerald Lippert, Education Assistant Doug Reale and Special Assistant to the Executive Director Daniel Weir

NACDL on Twitter

NACDL has an official Twitter account, @NACDL, and now has 1,234 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 1,946 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 S. 1763, SAVE Native Women Act Tittle II -- tribal jurisdiction and criminal offenses 

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.'" 

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!   


32nd Annual Advanced Criminal Law Seminar – deadline to receive hotel rate is December 16th!


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-know defense lawyers in the country, as well as notable government officials, judges, and prosecutors.

Join us in Aspen for an unrivaled CLE experience! Register today – hotel discount rates end on December 16thso act now!


Casey Anthony and Amanda Knox legal teams to be featured at Making Sense of Science Seminar in Las Vegas!


Register now to attend NACDL & CACJ's 5th Annual Making Sense of Science Seminar: Forensic Science & the Law being held March 23-24, 2012, at The Cosmopolitan Hotel in Las Vegas! This year's Forensic seminar will feature lawyers involved in the Casey Anthony and Amanda Knox trials who will discuss the forensic evidence in these cases. You do not want to miss this great opportunity!

This two-day program is sure to captivate you with a wide array of topics that will leave you with a better understanding of forensic sciences so you can effectively represent your clients.

Register before January 3, 2012 and receive $35 off full seminar registration fee (taken at the time of registration)

Register today! 


Year-End Blowout – Save 50% off on Select DVD’s through December 31st!









Get ready for huge savings from NACDL! Now through December 31st you can save 50% off the purchase price on (8) of NACDL’s best-selling DVDs of 2011 when you order online and enter the promotional code 11EOYS

Following Self-Study DVDs are 50% off through December 31st:

The discounted price will be automatically applied to your order at check-out. So start shopping now!

For questions or to place your order by phone contact Doug Reale at (202) 465-7643 or via e-mail to dreale@nacdl.org.


Upcoming Affiliate & NACDL Seminars

December 1-2
Louisiana: LACDL's Last Chance CLE Seminar
Chateau Bourbon, New Orleans, Louisiana
Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or e-mail david@tatmangroup.com 

December 1-2
Texas: TCDLA's Voir Dire Seminar
Crowne Plaza Hotel, Houston, Texas
Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or e-mail jmartinez@tcdla.com   

December 2
Tennessee: TACDL's Nashville Year End Seminar
Nashville, Tennessee
Contact: TACDL's Executive Director Suanne Bone at (615) 329-1338 or e-mail suannebone@tacdl.com 

December 2
Washington: “Turning Up the Heat: New Issues & New Approaches in Felony Defense” CLE Seminar
The Conference Center, 8th Avenue and Pike Street, Seattle, Washington
Contact: WACDL's Program Assistant Alyson Segawa at (206) 623-1302 or e-mail info@wacdl.com 

December 9-10
Ontario: CLA's Fall Conference
Toronto, Ontario
Contact: CLA's Executive Director Anthony Laycock at (416) 214-9875 or e-mail anthony@criminallawyers.ca

December 9
Texas: TCDLA's "DWI and Gas Chromatography: Defeating the Blood Test Case" Seminar
Wyndham Garden Hotel, Austin, Texas
Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or e-mail jmartinez@tcdla.com 

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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