Brief filed: 01/26/2017
Resnick v. United States
United States Supreme Court; Case No. 16-813
Decision below 823 F.3d 888 (7th Cir. May 4, 2016).
Two additional arguments underscore the importance of the questions presented. First, the natural corollary to the well-recognized rule that a defendant's choice to remain silent may not be used against him is that a refusal to submit to a polygraph examination should not be used as incriminating evidence. This corollary is all the stronger given that the defendant's refusal is not just a refusal to submit to questioning by authorities, it is a refusal to submit to unreliable scientific testing. Second, the Seventh Circuit's plain error review mistakenly rests upon an analysis akin to the "clearly established law" doctrine. Further it relies on an ex post facto determination as to the strength of the prosecution's case. If a constitutional right can be set aside because the circuit believed the prosecution's case was "overwhelming," then the constitutional right has little meaning.
Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
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.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
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?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
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.
This is a sponsored ad
Manage Your Law Firm All in One Place
Jeffrey T. Green, Sidley Austin LLP, Washington, DC; Jonathan Hacker, NACDL, Washington, DC; Sarah O'Rourke Schrup, Northwestern University Supreme Court Practicum, Chicago, IL.