Brief filed: 04/17/2012
Dorsey v. United States and Hill v. United States
United States Supreme Court; Case No. 11-5683 & 11-5721 (consolidated cases)
Decision below 635 F.3d 336 (7th Cir. 2011).
It was error for the sentencing courts in these cases to not sentence the defendants pursuant to the Fair Sentencing Act of 2010, where the defendants were sentenced after the effective date of the FSA. The General Savings Statute, 1 U.S.C. §109, does not prevent the application of the Fair Sentencing Act to pending proceedings, because the application of an ameliorated penalty does not come within the technical abatement rule. Technical abatement occurs because at common law, abatement by repeal included a statute’s repeal and reenactment with different penalties, and is the complete deprivation of the power to prosecute— the scenario Sec. 109 was written to prevent. Application of the FSA’s penalties to ongoing prosecutions does not create a technical abatement at common law; therefore the General Savings provision of Sec. 109 does not apply.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Peter Goldberger, Ardmore, PA, Jeffrey T. Greene and Clayton G. Northouse, Sidley Austin LLP, Washington, DC, Sarah O’Rourke Schrup, Northwestern Univ. Supreme Court Practicum, Chicago, IL, and S. David Mitchell, Univ. of Missouri School of Law, Columbia, MO.