- Supreme Court: Eighth Amendment Prohibits Schemes of Mandatory Life without Parole for Juveniles
- Arizona Immigration Law Could Still Be Abused
- Court Reaffirms Fairness in Corporate, Cocaine Sentencing
- Solitary Confinement: Human, Economic and Public Safety Costs
- Criminal Defense Lawyers Condemn Imprisonment Of International Criminal Court Lawyer and Interpreter
- Federal Policy Update
- 9th Circuit rehears laptop border search case
- New and improved Fourth Amendment webpage
- Jones and location tracking cases
- Register now for the 11th Annual State Criminal Justice Network Conference Gideon and Beyond: Securing Constitutional Rights Through Policy Advocacy
- NACDL Announces Jennifer L. Zito as the recipient of the Champion of State Criminal Justice Reform Award
- Time is Running Out to Pre-Register for NACDL’s 55th Annual Meeting in San Francisco - Talk to Me: Ultimate Voir Dire.
- SAVE The DATE-NACDL’s next National Advocacy Call on Developing Legislation is scheduled for Wednesday September 12, 2013 from 12:00 pm-1:00 pm EDT
- Affiliate CLE Calendar
- Stay Up-To-Date on NACDL News & Issues
- Group Admission to the Bar of the U.S. Supreme Court
- Grassroots Advocacy Mini-Survey
- Grassroots Advocacy: Members in DE, MD, NJ, PA, VA, WV, Click Here!
- Wrongful Conviction and Post-Conviction Relief Survey
- “The Criminal Docket” Weekly Podcast
- The NACDL Edge is now available for the Android
- NACDL's Daily Criminal Justice Briefing
- JUST ONE: One word. One call. Just one referral.
- Contribute to the NACDL Brief & Motion Bank today!
- Where in the World is NACDL?
- Recent Amicus Curiae Briefs Posted on NACDL Website
- NACDL on Twitter
- NACDL on Facebook
- Recent NACDL Letters and Member Testimony
- Sprint Nextel Discount for NACDL Members
- Save Up to 26% on FedEx Office and FedEx Delivery Services
- NACDL Webinar: Speaking With Jurors About the Unspeakable: Jury Selection in a Child Sexual Abuse Case – July 12th
- NACDL Webinar: SANE Examinations: Examining the Physical Evidence – July 19th
- DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!
- Save $35 off your registration fee for NACDL’s Defending Sexual Assault & Child Abuse Cases Seminar in New Orleans!
- Save $100 off your registration fee for NACDL’s 8th Annual White Collar Conference “Defending the White Collar Case: In and out of Court"
- Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!
- “K-9 Dogs & Drug Searches” DVD now available. Order today!
- NACDL's DVD release, "Making Sense of Science V" is now available – Order Today!
- Create Your Own DUI Curriculum!
Supreme Court: Eighth Amendment Prohibits Schemes of Mandatory Life without Parole for Juveniles
On June 25, the U.S. Supreme Court announced that a scheme requiring mandatory sentences of life without parole for juveniles violates the Eighth Amendment’s prohibition against cruel and unusual punishment, regardless of the nature of the offense. The decision came down in two consolidated murder cases in which the defendants were 14 years old at the time of the offenses, Miller v. Alabama, 10-9646, and Jackson v. Hobbs, 10-9647. It is a 5-4 decision authored by Justice Kagan, and joined by Justices Kennedy, Ginsburg, Breyer, and Sotomayor.
“Today's decision in Miller is a victory for the Eighth Amendment as well as for the all-important judicial discretion that such legislatively-enacted mandatory sentencing schemes undermine,” explained NACDL President Lisa Wayne on June 25. “With today’s Supreme Court decision, America’s juvenile justice system became a little bit more humane and grounded in the scientifically demonstrable differences between juveniles and adults.”
A copy of the opinion is available here. To learn more, click here.
Arizona Immigration Law Could Still Be Abused
On June 25, the U.S. Supreme Court struck down most of Arizona’s immigration law, S.B. 1070, but left it for the state courts to decide whether a key provision will be enforced lawfully or be exploited to abuse the rights of U.S. citizens and residents. Arizona Governor Jan Brewer claimed victory at a news conference, stating “the heart” of S.B. 1070, Section 2(B), will now be implemented by state law enforcement. That is the provision of the law that the National Association of Criminal Defense Lawyers and the Arizona Attorneys for Criminal Justice warned about in an amicus curiae brief filed with the Court in March. The brief, authored by David J. Euchner, of the Pima County Public Defender’s Office in Tucson, is available on NACDL’s website.
Although the appeals court below upheld the injunction of Sec. 2(B), the high court decided to wait to see how the state’s courts rule on its implementation. By that time, the civil rights of an untold number of Arizona residents and visitors could be violated. Giving the statute the benefit of the doubt, Justice Anthony Kennedy wrote in the opinion of the Court, “The state courts may conclude that, unless the person continues to be suspected of some crime for which he may be detained by state officers, it would not be reasonable to prolong the stop for the immigration inquiry.” However, he added, “This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.”
To learn more, please click here.
Court Reaffirms Fairness in Corporate, Cocaine Sentencing
On June 21, 2012, the U.S. Supreme Court stood up for fairness in sentencing in two very different types of criminal cases. The National Association of Criminal Defense Lawyers joined and filed amicus curiae, or friend of the court, briefs in both cases supporting the principle of fair and even-handed sentences.
In the first decision handed down on June 21, Southern Union Co. v. United States, No. 11-94, the court interpreted the right to have any fact that would determine a criminal fine be found by the jury to be proven beyond a reasonable doubt. In an opinion by Justice Sonya Sotomayor, the Court held 6-3, per its prior decision in Apprendi v. New Jersey, that the same protections for other forms of punishment apply to criminal fines. Today’s decision will have a significant impact on corporate defendants who cannot be imprisoned because of their non-corporeal nature but still face significant sanctions.
The brief filed by the U.S. Chamber of Commerce and NACDL in Southern Union Co. was authored by Benjamin C. Block and Mark D. Herman, of Covington & Burling LLP, Washington, D.C., and was cited favorably in the Court’s majority opinion for its argument that “exempting criminal fines from Apprendi, makes innocent defendants more likely to plead guilty” in plea bargains rather than “roll the dice” and assert their right to a jury trial.
In the other sentencing case decided on June 21, the one that is sure to generate more news, the Court held that defendants who committed a cocaine offense before the Fair Sentencing Act of 2010 went into effect, but who were sentenced after its effective date, are entitled to the benefit of the law’s reduced sentencing provisions. The case, Dorsey v. United States, No. 11-5683, was consolidated out of two separate appeals from the U.S. Court of Appeals for the Seventh Circuit. The act greatly reduced the overall sentencing disparity between crack cocaine and powder cocaine, and raised the threshold amounts of crack required to trigger mandatory minimum sentences.
To learn more, please click here.
Solitary Confinement: Human, Economic and Public Safety Costs
NACDL believes that safe and humane prisons must be the highest priority of any correctional system. NACDL welcomed the long-overdue hearing on solitary confinement held on June 19 before the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. A letter sent on June 18 from NACDL President Lisa Wayne to Chairman Dick Durbin raised several points which contravene the prevailing belief that solitary segregation is necessary for maintaining prison discipline and good order:
- Solitary confinement erodes and endangers the psychological health of inmates, causing among other things, paranoia, hallucinations, loss of self-control, aggression, and rage.
- Solitary confinement results in greater prison violence – paradoxically, long-term segregation has been shown to increase prisoner-on-prisoner and prisoner-on-staff assaults.
- Prolonged solitary confinement undermines inmate socialization required for successful reentry into society.
To continue reading, click here. To read the letter, click here.
Criminal Defense Lawyers Condemn Imprisonment Of International Criminal Court Lawyer and Interpreter
NACDL strongly condemns the unlawful detention in Zintan, Libya, of the Australian criminal defense lawyer Melinda Taylor, who was appointed by the International Criminal Court to represent Saif al-Islam Gaddafi. The Zintan milita have also imprisoned Ms. Taylor’s interpreter. Two other members of the ICC delegation who traveled to Zintan were released, but so far have chosen to stay in Zintan.
The militia stated on June 11 that Ms. Taylor and Ms. Assaf will be held for 45 days for investigation. “That is completely unacceptable,” said NACDL President Lisa Wayne. “The arrest and detention of a defense lawyer and her assistants fundamentally undermines the rule of law and international standards of criminal justice. These women must be released at once.”
To read more, please click here.
Federal Policy Update
On June 22, the Senate Judiciary Committee approved the Justice for All Reauthorization Act (S.250), which would, among other things, authorize funding for state post-conviction DNA testing, state capital defense training, and technical assistance to help states improve their indigent defense systems. While the committee-passed version omitted a provision that would have allowed DOJ to sue jurisdictions for systemic 6th amendments violations, the bill does give indigent defense providers a voice in determining the appropriate allocation of federal criminal justice grants.
NACDL continues to push for federal Brady reform. On June 5, 2012, the Senate Judiciary Committee held a hearing on “Ensuring that Federal Prosecutors Meet Discovery Obligations” concerning federal prosecutors’ failure to meet their constitutional obligations to provide accused with favorable evidence and the NACDL-supported “Fairness in Disclosure of Evidence Act of 2012” (S. 2197), introduced by Sen. Lisa Murkowski (R-AK). NACDL submitted a letter outlining the critical and continued need for this legislation, especially in light of unethical prosecutions, such as the recent Lindsey Manufacturing case, that continue to occur even after the Department of Justice (DOJ) response to the Sen. Ted Stevens’ prosecution debacle. As evidenced during the hearing, the limited public opposition to this reform legislation has generally mischaracterized the bill and its impact. NACDL’s letter, submitted to the official hearing record, sets the record straight about what the legislation actually does (and does not) do, and outlines the safeguards for witness, victim and national security that are actually written into the legislation. Read more about NACDL’s discovery reform efforts here.
Military Commissions Update
Hearings have been scheduled in the military commissions case against al-Nashiri, the alleged U.S.S. Cole bomber, for July 17-19 at Guantanamo Bay, Cuba. The next hearings for the alleged 9/11 defendants are scheduled for August 8-12 and September 8-12. For more information on the pending military commissions cases see the Military Commissions website. NACDL’s commentary on the commissions is now available here.
New legislation requiring warrant to operate law enforcement “drones”
Earlier this month, Congressman Scott Austin (R-GA) and Senator Rand Paul (R-KY) introduced companion legislation in the House and Senate to protect individuals from government use of unmanned aerial vehicles, also known “as drones.” The bills would require law enforcement to obtain a warrant based on probable cause to use drones from law enforcement purposes, and any evidence collected in violation of the statute would be excluded at trial. The bills would codify a few emergency exceptions, including imminent national security threats and imminent threats to safety and life.
9th Circuit rehears laptop border search case
On June 19, the 9th Circuit, sitting en banc, heard oral argument in United States v. Cotterman, involving a border search of a laptop computer. The panel held in favor of the government and Mr. Cotterman appealed. Cotterman’s attorney split argument time with Christopher Handman of Hogan Lovells who represented amicus curaie The Constitution Project, and addressed broader fourth amendment and privacy implications of DHS’s policy regarding border searches of electronic devices. NACDL filed a brief urging the court to rehear the case en banc. A brief description of the case is provided here. And the video of the argument is available here.
New and improved Fourth Amendment webpage
Please visit NACDL’s Fourth Amendment webpage for up-to-date news and resources. Resources include information on cell phone location tracking, GPS tracking, and domestic drones.
Jones and location tracking cases
NACDL members please be on the lookout for citations to United States v. Jones, the 2012 unanimous Supreme Court opinion regarding GPS tracking. NACDL is interested in how the Jones decision is being used in practice and would appreciate you letting NACDL Counsel Mason Clutter know when you see this case cited, or when you cite it, in your cases. Mason can be reached at firstname.lastname@example.org.
Register now for the 11th Annual State Criminal Justice Network Conference Gideon and Beyond: Securing Constitutional Rights Through Policy Advocacy
Please see a preliminary agenda here. To register online, click here or download a registration form here. Early bird registration rates apply if you register by June 29, 2012. For more information please contact Angelyn C. Frazer at email@example.com or (202) 465-7642 or visit our website by clicking here. For hotel information please click here.
NACDL Announces Jennifer L. Zito as the recipient of the Champion of State Criminal Justice Reform Award
Jennifer L. Zito, has been named the Champion of State Criminal Justice Reform Award recipient. Ms. Zito is the Past President of the Connecticut Criminal Defense Lawyers Association. During her tenure as President, Jennifer was instrumental in the passage of eyewitness ID, electronic recording, and good time credits. She also worked diligently on Connecticut’s death penalty moratorium. Jennifer is a member of NACDL and the SCJN. Please join us in congratulating her on receiving this award. The award will be presented at the SCJN Conference on Friday July 27, 2012.
Time is Running Out to Pre-Register for NACDL’s 55th Annual Meeting in San Francisco - Talk to Me: Ultimate Voir Dire.
Don’t delay - register now for NACDL's 2012 Annual Meeting & Seminar being held at the Westin St. Francis Hotel in San Francisco, CA, July 25 - 28, 2012!
This program is designed to provide criminal defense counsel with the most effective voir dire approaches and techniques needed to conduct comprehensive jury selection. You will specifically learn how to find jurors that may be favorable to your client's case, to properly convey the defense's reasoning, framing of factual issues, how to humanize the client, building trust and credibility with the jurors, how to determine biases, prejudices and attitudes of jurors, and how to effectively set forth and convey legal principles.
Learn the principles of voir dire, how jurors really think and decide, and how to find the jurors of your dreams! Join your colleagues from around the country in San Francisco – Register today!
SAVE The DATE-NACDL’s next National Advocacy Call on Developing Legislation is scheduled for
Wednesday September 12, 2013 from 12:00 pm-1:00 pm EDT
Please Join NACDL, for a discussion on prison-based gerrymandering featuring Peter Wagner of the Prison Policy Initiative and Maryland Delegate Joseline Peña-Melnyk who sponsored the “No Representation Without Population Act” that passed the Maryland legislature in January 2010 and was subsequently signed by Governor Martin O’Malley on April 13, 2010. For more information click here.
Affiliate CLE Calendar
South Carolina: SCACDL's "Blues, Bar-B-Q and Bar C-L-E"
Arts Center at the Federal Building, Greenwood, South Carolina
Contact: SCACDL's Executive Director Teresa Edmonds at (803) 929-0110 or e-mail firstname.lastname@example.org
Wisconsin: WACDL's "A Double Bill - Two Day CLE Seminar"
Holiday Inn and Conference Center, Stevens Point, Wisconsin
Contact: WACDL's Executive Director Peter McKeever at (608) 223-1275 or e-mail email@example.com
Georgia: NCDC's Trial Practice Institute
Mercer Law School, Macon, Georgia
Contact: NCDC's Executive Director Rosie Flanigan at (478) 746-4151 or e-mail firstname.lastname@example.org
NACDL's Annual Meeting & Seminar
Westin St. Francis, San Francisco, California
Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 ext. 230 or e-mail email@example.com.
For more details, visit our meeting's website at www.nacdl.org/meetings
Louisiana: LACDL & LPDB's Forensic One Day CLE Seminar
Petroleum Club, Shreveport, Louisiana
Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or e-mail firstname.lastname@example.org
Colorado: CCDB's "DUI Blood Testing: Understanding and Litigating Gas Chromatography Cases" CLE SeminarEmbassy Suites, Denver Colorado
Contact: CCDB's Executive Director Dan Schoen at (303) 758-2454 or e-mail email@example.com
Tennessee: TACDL’s Annual Meeting & Seminar
The Sheraton Nashville Downtown Hotel, Nashville, Tennessee
Contact: TACDL’s Executive Director Suanne Bone at (615) 329-1338 or e-mail firstname.lastname@example.org
Stay Up-To-Date on NACDL News & Issues
The focus of this listserve is DWI / DUI issues. Click here to learn how to subscribe and to review the listserv policies and guidelines.
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.
The NACDL Listserve helps facil 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.
Group 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 7, 2013. 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 9, 2012.
Interested members should contact Obaid Khan, NACDL's National Affairs Assistant, at (202) 465-7638 or email@example.com for further instructions.
Grassroots Advocacy Mini-Survey
For NACDL to effectively impact public policy at the federal and state levels, membership is often asked to become engaged in the legislative process. That member involvement can prove key to an instrumental victory, and the lack thereof can doom a piece of legislation teetering on the edge of passage and irrelevance. In order to provide a pleasant and effective grassroots advocacy experience, NACDL is conducting an ultra-brief survey to gauge the current involvement level of our membership. Please take a minute to answer 9 brief questions regarding your current involvement level, past advocacy efforts, and your willingness to participate in the future. All survey results are, and will remain, anonymous. The survey can be accessed here.
Grassroots Advocacy: Members in DE, MD, NJ, PA, VA, WV, Click Here!
NACDL is rolling out a new member engagement program in the states of Delaware, Maryland, New Jersey, Pennsylvania, Virginia, and West Virginia. The goal of the program, known as NACDL’s Member Legislative Engagement & Advocacy Development Program, or Member LEAD* Program for short, is to encourage and actively assist in the building and maintaining of relationships between NACDL members and their respective elected officials.
If you live in one of the targeted states and wish to develop a productive and viable relationship with your legislators, please contact NACDL’s Manager for Grassroots Advocacy for more details be emailing him at firstname.lastname@example.org.
Wrongful Conviction and Post-Conviction Relief Survey
Numerous inquiries have identified factors that contribute to wrongful convictions, including false confessions, eyewitness misidentification, and reliance on improperly analyzed evidence. However, the contributions of other factors, such as race and region, may not be as obvious. The purpose of this survey is to examine the interplay between race, region, and trial dynamics to determine the extent to which these factors contribute to wrongful convictions and their influence on access to post-conviction relief. The survey can be accessed by clicking here.
“The Criminal Docket” Weekly Podcast
On March 16, 2012, NACDL launched its new weekly podcast series, “The Criminal Docket,” hosted by Ivan J. Dominguez, NACDL’s deputy director of public affairs & communications. Each week, “The Criminal Docket” provides a rundown of the highlights in criminal justice news from the prior week, and previews what’s coming up on the criminal docket in state and federal agencies, legislatures and the courts. In addition, every episode explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.
In the most recent episode, NACDL Public Affairs & Communications Intern Denise Tugade reports on the historic, and long-overdue U.S. Senate hearing concerning solitary confinement held on June 19, 2012. She also speaks with NACDL Associate Executive Director for Policy Kyle O’Dowd about the hearing, the future, and NACDL President Lisa Wayne’s letter on behalf of NACDL to Senator Dick Durbin, chair of the Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights.
Please look for a new episode of “The Criminal Docket” each week, as well as all past episodes, available free of charge at either www.nacdl.org/thecriminaldocket or in Apple’s iTunes Store.
The NACDL Edge is now available for the Android
The National Association of Criminal Defense Lawyers has launched its official mobile app the NACDL Edge. With this app, "Liberty's Last Champion"™ keeps you on the leading edge of criminal defense news of interest and continuing legal education (CLE) opportunities. NACDL members can also search our Member-to-Member Directory, read the latest issue of The Champion, and access our Experts Database.
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 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, nearly 1,200 NACDL members have subscribed to the Daily Criminal Justice Briefing. If you would like to join them, simply click here.
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 pass it on! Make your one referral today!
Special Introductory Offer: New members you refer get 3 extra months of full member benefits FREE! That’s 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 3 months of NACDL member benefits FREE.
You can make a difference. One word. One call. That's all it takes.
Contribute to the NACDL Brief & Motion Bank today!
One of the great benefits you get as a member of NACDL is the 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, so you don’t have 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 or to contribute to the Brief & Motion Bank, please contact NACDL's Resource Counsel Vanessa Antoun at email@example.com.
Where in the World is NACDL?
From June 7 - June 8, 2012, Director of White Collar Crime Policy Shana-Tara Regon, Counsel for White Collar Crime Policy Tiffany M. Joslyn, Deputy Director of Public Affairs & Communications Ivan J. Dominguez, and Associate Executive Director for Programs Gerald Lippert attended NACDL's 2nd Annual West Coast White Collar Crime Conference, Turning the Tables on the Government, at the Hyatt Regency Lake Tahoe Resort in Lake Tahoe, Nevada.
On June 27, 2012, Director of White Collar Crime Policy Shana-Tara Regon gave the keynote address at the American Conference Institute’s two-day 15th Annual FCPA Boot Camp, held in Chicago, IL. Regon spoke on the issue of American business interests under the FCPA and the need for legislative intervention to protect companies acting in good faith.
Recent Amicus Curiae Briefs Posted on NACDL Website
Bailey v. United States, No. 11-770; 652 F.3d 297 (2d Cir. 2011), brief filed 1/19/12, cert. granted 6/4/12. Search and Seizure—Search Warrant Execution—Seizure of Persons. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari. Question Presented: Whether, pursuant to Michigan v. Summers, police officers may detain an individual incident to the execution of a search warrant when the individual has left the immediate vicinity of the premises before the warrant is executed. Brief argues that the broad, categorical authorization of police conduct approved in Summers is far afield of the typical Fourth Amendment reasonableness analysis exemplified in Terry v. Ohio, and that the Court should grant certiorari to clarify and confirm limits on the Summers rule. Authors: Anna-Rose Mathieson, O’Melveny & Myers, San Francisco, CA, and Jonathan Hacker, O’Melveny & Myers, Washington, DC.
NACDL on Twitter
NACDL has an official Twitter account, @NACDL, and now has 1,710 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 Twitter presence to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at firstname.lastname@example.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 2,191 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 presence on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at email@example.com.
Recent NACDL Letters and Member Testimony
June 18, 2012, NACDL Letter to Senator Dick Durbin on “Reassessing Solitary Confinement: The Human Rights, Fiscal and Public Safety Consequences”
June 15, 2012, Coalition Sign-On Letter Re Leaks of Highly Classified Information
June 11, 2012, Coalition Sign-On Letter Re Sunset of FISA Amendments Act of 2008
June 5, 2012, Coalition Letter on “Ensuring that Federal Prosecutors Meet Discovery Obligations”
May 3, 2012, NACDL and NAFD Advocacy Letter on H.R. 4970, the “Violence Against Women Reauthorization Act of 2012”
April 23, 2012, NACDL Advocacy Letter Endorsing 6 Principles for Cybersecurity Legislation
April 23, 2012, Coalition Letter to the Senate on the Violence Against Women Reauthorization Act of 2012 (“VAWA”) (S. 1925)
April 18, 2012, NACDL Letter on the House Judiciary Crime Subcommittee Hearing on The Prosecution of Former Senator Ted Stevens
March 28, 2012, NACDL Letter on the Senate Judiciary Hearing on the Special Counsel's Report on the Prosecution of Senator Ted Stevens
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 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.
NACDL Webinar: Speaking With Jurors About the Unspeakable: Jury Selection in a Child Sexual Abuse Case – July 12th
Join NACDL Thursday, July 12, 2012, at 12:30 pm ET for a unique 1-hour webinar entitled “Speaking With Jurors About the Unspeakable: Jury Selection in a Child Sexual Abuse Case” presented by Denise de La Rue.
Ms. de La Rue is an attorney and trial consultant specializing in jury selection, witness preparation, pre-trial research and trial strategy. She consults on trials in both criminal and civil cases and was the jury consultant for the defense in State of South Carolina vs. Susan Smith, U.S. vs. Theodore Kaczynski, State of Georgia vs. Ray Lewis, U.S. v. Eric Rudolph, and U.S. v. Richard Scrushy.
Thursday, July 12, 2012
NACDL Members: $25
Available for up to *1 hour of self-study credit where applicable
NACDL Webinar: SANE Examinations: Examining the Physical Evidence – July 19th
Register now for this informative 1-hour webinar being held on Thursday, July 19, 2012, at 12:30 pm ET entitled “SANE Examinations: Examining the Physical Evidence” presented by Cathleen Bennett and Stephanie Page.
In this 1.5-hour presentation, veteran defenders Cathleen Bennett and Stephanie Page team-up to address Sexual Assault Nurse Examiner (SANE) examinations – the source of some of the most critical forensic evidence in the investigation and trial of sex offense cases. Their accompanying materials will also include a 33-point forensic evidence checklist.
Thursday, July 19, 2012
NACDL Members: $40
Available for up to *1.5 hours of self-study CLE where applicable
DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!
Register today for NACDL & NCDD's 16th Annual DWI Means Defend With Ingenuity® Seminar "Getting the 'Not Guilty' Vote" being held at Caesars Palace Hotel & Casino, October 18-20, 2012.
Join us for the biggest gathering of DUI Defense Lawyers in the country, featuring the most current content, presented by an unmatched faculty; it is indeed the most appealing choice this election season! If you've experienced other local DUI seminar options and found yourself left wanting, perhaps now is the time to consider a new candidate!
This year's program-which is headlined by F. Lee Bailey, Bubba Head, and Troy McKinney - consists of one day of general session presentations, a second day of split tracks allowing you to select your area of focus, and a third with your choice of multiple workshops for small group, intense, and focused learning in the areas you need the most help.
Save $35 off your registration fee for NACDL’s Defending Sexual Assault & Child Abuse Cases Seminar in New Orleans!
Register by June 29, 2012 and receive $35 off the full seminar registration fee for NACDL's 2012 Fall Seminar “Anything But ‘The Big Easy’: Defending Sexual Assault & Child Abuse Cases” being held at the Astor Crowne Plaza Hotel, New Orleans, LA, October 24 - 27, 2012.
This program will provide you with the best strategies for defending those accused of sex crimes or child abuse, shed light on modern science to effectively dispute the prosecution’s claims of wrongdoing, and minimize the influence and impact of the media on your client’s chances of an acquittal. Give your client and yourself a fighting chance of success in the most difficult of cases – join us in New Orleans.
Save $100 off your registration fee for NACDL’s 8th Annual White Collar Conference “Defending the White Collar Case: In and out of Court"
Register for NACDL & Fordham Law School’s 8th Annual White Collar Conference “Defending the White Collar Case” before July 31st and save $100 off your registration fee!
Join us in New York, November 15-16, 2012, for the nation’s premiere White Collar CLE program produced in partnership by NACDL and the Louis Stein Center for Law and Ethics, Fordham University Law School. Whether you are an experienced white collar veteran, or someone interested in getting into white collar defense, you do not want to miss this seminar!
Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!
NACDL is now offering EXCLUSIVE discounts of up to75% off on live and self-study CLE when you subscribe to “THE LIST”! Sign-up for THE LIST now and take advantage of these huge discounts on the CLE you need at the best possible rates!
How does it work?
- Simply Click Here to sign up for THE LIST
- You will immediately receive an e-mail confirming you are now a member of THE LIST
- You will receive up to (3) e-mails a month with special savings on live and self-study CLE
- Access. Shop. Save – it’s that easy!
At any point, you can opt-out from THE LIST e-mails through your online member profile.
So what are you waiting for? Sign-up today and get on THE LIST for your access to huge savings, exclusive discounts, and more!
“K-9 Dogs & Drug Searches” DVD now available. Order today!
Order your copy of NACDL’s new DVD “K-9 Dogs & Drug Searches” today! Florida criminal defense practitioner Jeffrey Weiner offers a high-energy, in-depth, and inspirational presentation in this 1.5 hour program. He addresses the history of K-9 use, current case-law, and provides a LIVE drug dog demonstration assisted by police K-9 trainer Andy Falco. In this demonstration, you will see a drug dog in action, learn how they are trained, how they are meant to be used, and how they can be manipulated or led to alert when used incorrectly.
Regular Price DVD: $125
Up to 1.5 General Self-Study CLE Credits available where applicable. Additional CLE fees may apply.
NACDL's DVD release, "Making Sense of Science V" is now available – Order Today!
Order your copy of NACDL’s latest Forensics DVD “Making Sense of ScienceV” today. In today’s world, knowledge of the forensic sciences is essential to the success of your defense. Get the information you need with this comprehensive 14-hour DVD, and gain a better understanding of forensic sciences so you can effectively represent your clients!
- The Amanda Knox Case: What Role Did DNA Transfer and Contamination Issues Play? - Prof. Bruce Budowle & Ted Simon
- Fighting the Prosecution's "Fantasy of Forensics" - Jose Baez
- The Role of the Forensic Pathologist in the Criminal Justice System - Dr. Cyril H. Wecht, M.D., J.D.
- Forensic Evidence in Sexual Assault Cases - Colette Tvedt & Lisa Wayne
- DNA: From Basics to Advanced - Bicka Barlow, Simon Ford & Jennifer Friedman
- And many More!
Regular Price DVD: $375
Regular Price Audio: $200
Act Now – get the forensics information you need before your next trial! Order today!
Up to 14 general hours of self-study CLE available where applicable. Additional CLE fees may apply.
Create Your Own DUI Curriculum!
Get up-to-date with the necessary DUI skills to effectively defend your clients without breaking the bank! Now you have the opportunity to create your owncustom self-study DVD or Audio-CD package by choosing individual sessions from the past (4) NACDL DUI Seminars - over 42 different topics! This is the perfect opportunity to gain access to a wealth of DUI information tailored by you for your own particular needs!
Pick the sessions that interest you most and take advantage of special pricing based on quantity! Every package comes with the written materials for each session.
Click here to order today!
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.
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