NACDL - Doe v. Snyder

Doe v. Snyder

Brief of Amici Curiae the Criminal Defense Attorneys of Michigan, National Association of Criminal Defense Lawyers, the National Association for Public Defense, and the Ohio Public Defender.

Brief filed: 01/11/2016

Documents

Doe v. Snyder

6th Circuit Court of Appeals; Case No. 15-2346/2486

Prior Decision

Decision below 101 F.Supp.3d 672 (E.D. Mich. March 31, 2015).

Argument

Imposing additional sanctions on previously-convicted criminal defendants by retroactive application of a new law or new reporting is contrary to due process and injects wide spread uncertainty into the plea bargaining process. Such practice makes it difficult if not impossible for defense counsel to advise clients consistently with their Sixth Amendment duties. When the rules that drastically increase the consequences of convictions are changed and applied, sometimes long after the plea bargain process is complete, the result is a fundamental unfairness with no redress.

Author(s)

Valerie Newman & Michael Mittlestat, Detroit, MI; Candace Crouse, Pinales Stachler Young, Burrell & Crouse Co., LPA, Cincinnati, OH.