Articles in this Issue

1. A Reckoning with Racism: From Montgomery to Coos Bay

   Susan Elizabeth Reese reflects on her visit to The Legacy Museum in Montgomery, Alabama.

   Susan Elizabeth Reese

2. Affiliate News

   What events are NACDL affiliates hosting this month? Find out here.

   Jessica Stepan

3. Book Review: Judicial Web by Steve Silva

   This month Frank Quintero Jr. reviews Judicial Web by Steve Silva.

   Frank Quintero Jr.

4. Book Review: Justice for Baby Roston by Robert A. Anderson Sr.

   This month Jaime Roman reviews Justice for Baby Roston by Robert A. Anderson Sr.

   Hon. Jaime Roman (ret.)

5. Book Review: Starkweather by Harry N. MacLean

   This month Marshall Snider reviews Starkweather by Harry N. MacLean.

   Marshall Snider

6. Defense Strategy: Post-Dobbs: Litigating an Emotionally and Politically Charged Accusation

   While abortion-related prosecutions are not common in 2024, they are likely to be brought more frequently. There is no one-size-fits-all recipe for these cases. Unique situations will present a variety of issues to explore.

   Andrea D. Lyon

7. Forcing the Government’s Hand: Pretrial Pleadings and Framing the Issues

   Challenging defects in an Indictment or Information is a great way to compel specificity and fair notice and to help defense counsel understand the prosecution’s theory. Raising the challenge as a pretrial motion helps to focus on issues relevant to defense counsel’s investigation as well as in the presentation of the case in negotiations, trial, and appeal.

   Marilyn Bednarski and Naomi Svensson

8. From the President: The 100-Year Journey from Conviction to Justice

   Michael Heiskell interviews a law school professor and former student who were part of a team that was instrumental in convincing the U.S. Army to overturn the 100-year-old convictions of 110 Black soldiers that stemmed from the Camp Logan riots.

   Michael P. Heiskell

9. NACDL News: At the Supreme Court: A Swearing-In Ceremony for NACDL Members

   NACDL News for March-April 2024

   Jessie Diamond, Kate Holden, and Jonathan Hutson

10. NACDL News: NACDL Mourns the Loss of Justice Sandra Day O’Connor

    NACDL News for March-April 2024

    Jessie Diamond, Kate Holden, and Jonathan Hutson

11. NACDL News: Statement on Tex. Attorney General’s Response to Court Order Allowing Emergency Abortion

    NACDL News for March-April 2024

    Jessie Diamond, Kate Holden, and Jonathan Hutson

12. NACDL News: The Defense Community Remembers Aric Cramer’s Dedication to Justice

    NACDL News for March-April 2024

    Jessie Diamond, Kate Holden, and Jonathan Hutson

13. NACDL News: Tim Evans: A Lasting Legacy

    NACDL News for March-April 2024

    Jessie Diamond, Kate Holden, and Jonathan Hutson

14. Pozner on Cross: Countering the Evasive Witness: Three Techniques That Demand a Specific Admission

    When a witness gives an evasive answer, how can defense counsel put the witness back on track?

    Larry Pozner

15. Prior Conviction Impeachment: Working Toward Reform Within and Beyond the Courtroom

    Although the rationale for impeaching with prior convictions is to shed light on an individual’s “propensity for truthfulness,” prior convictions have no connection to truthfulness or untruthfulness. Instead, this practice provides leverage for prosecutors because it deters vital witness testimony. How can defense attorneys push back against the practice of prior conviction impeachment right now?

    Anna Roberts and Julia Simon-Kerr

16. Rule 42 Special Prosecutors: A Separation of Powers Frankenstein

    That Is Part Judicial and Part Executive Yet All Vulnerable to Challenge

    A dissent from the Supreme Court’s denial of certiorari in United States v. Donziger raised concerns with Fed. R. Crim. Proc. 42, which allows courts to appoint private attorneys as special prosecutors to handle criminal contempt cases. Andrew Boutros and Jay Schleppenbach discuss the constitutional separation of powers arguments that advocates can raise in defending against these prosecutions.

    Andrew S. Boutros and Jay Schleppenbach

17. Unmasking the Power of the Anti-Fraud Injunction Statute

    The government’s successful use of civil injunctions to halt the sale of fraudulent COVID-19 cures has put the Anti-Fraud Injunction Statute in the spotlight. The statute is a unique hybrid of civil and criminal law, and confusion exists as to the proper evidentiary standard. This confusion presents an opportunity for defense lawyers, but they must prepare themselves for the statute’s complexities and landmines.

    Marc S. Raspanti and Jeremy E. Abay