Brief filed: 06/16/2017
Ayestas v. Davis
United States Supreme Court; Case No. 16-6795
Decision below 817 F. 3d 888 (5th Cir. Mar. 22, 2016), denied rehearing and rehearing en banc via 826 F.3d 214 (5th Cir. June 10, 2016)
Federal Habeas case law is replete with examples showing the importance of funding for investigation and experts – funding that is all but impossible to obtain under the Fifth Circuit’s approach. The Fifth Circuit’s standard discourages attorneys who rely on the Criminal Justice Act from seeking resources or even accepting capital habeas cases altogether.
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NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
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The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
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It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
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Jessica Ring Amunson, Matthew S. Hellman, and Andrew C. Noll, Jenner & Block LLP, Washington, DC; David A. Strauss and Sarah M. Konsky, Jenner & Block Supreme Court and Appellate Clinic at the University of Chicago Law School, Chicago, IL; David D. Cole, ALCU Foundation, Washington, DC; Brian W. Stull, ACLU Foundation, Durham, NC; Barbara E. Bergman, NACDL, Tucson, AZ.