April 2002

April 2002

 

Articles in this Issue

  1. A 2255 and 2241 Primer

    2255 and 2241 Primer Alan Ellis, James H. Feldman April 2002 26 The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. § 2255 is a modern descendant of the common law petition for a writ of habeas corpus. It is available only to people convicted in federal courts who are in cust

  2. Cincinnati: Two Tales, One City

    Cincinnati: Two Tales, One City Hal R. Arenstein, Martin S. Pinales April 2002 18 “When the end of the world comes, I want to be in Cincinnati because it's always 20 years behind the times.” That quote has long been attributed to Mark Twain although revisionists now claim he never said it. Whoev

  3. Death Watch

    Death Watch Chris Adams April 2002 10 99th Death Row Exoneration Juan Melendez was convicted and sentenced to die for a 1983 murder on the word of two eyewitnesses and no physical evidence. One eyewitness recanted and the other died. A man named Vernon James, now deceased, admitted to police that

  4. DWI: Challenging and Excluding HGN Tests

    DWI W. Troy McKinney April 2002 50 Challenging and Excluding HGN Tests The majority of states recognize that the Horizontal Gaze Nystagmus (HGN) test is scientific evidence. 1 Even states that have found as a matter of law that the scientific basis for HGN and the general method of applying it a

  5. Friend of the Court

    Friend of the Court Lisa Kemler April 2002 38   Current Cases What is the Meaning of the Word ‘Pending’ for Purposes of The AEDPA's Tolling Provision? Newland v. Saffold, No. 01-301, is a case which, if the Supreme Court reverses the Ninth Circuit, could have the effect of depriving hundreds

  6. From the President: Race and Racism in the Criminal Justice System

    From the President Irwin H. Schwartz April 2002 4   Race and Racism in the Criminal Justice System Will it take one or two more generations? Will it take longer before race is no longer a major divisive social issue in America? Can we avoid tearing apart our social fabric and become one America

  7. Legislation

    Legislation Tova Indritz April 2002 42 Immigration Aspects of the USA PATRIOT Act The USA PATRIOT Act has many provisions that impact particularly on non-U.S. citizens, even those who are long-term lawful permanent residents. Some of these provisions provide new grounds for deportation (evicting

  8. NACDL News

    NACDL News Daniel Dodson April 2002 6   Justice Department works to turn USA PATRIOT Act on U.S. citizens Just as The Champion was going to press, NACDL received word that, despite assurances to the contrary when the legislation was proposed and debated, the Justice Department has nefarious pla

  9. Northern Lights: Innocence at Stake and Privilege in Peril

    Northern Lights Leslie Pringle, Steven Skurka April 2002 47   Innocence at Stake and Privilege in Peril When an accused person knows that someone else has confessed to a lawyer the very crime with which the accused is charged, can the accused pierce privilege and get access to the confession t

  10. Profiles in Policing

    Profiles in Policing David Cole April 2002 12 When Cincinnati erupted in riots in April 2001, both the immediate spark and the underlying causes were all too familiar. The riots were ignited by the death of Timothy Thomas, an unarmed 19-year-old black man shot while fleeing a white police officer. B

  11. Public Defense: News Briefs

    Indigent Defense Kate Jones April 2002 36   News Briefs ABA Adopts ‘Ten Principles' On February 5, 2002, the American Bar Association's House of Delegates adopted “The Ten Principles of a Public Defense Delivery System.” According to the resolution, the Ten Principles “constitute the fundamen

  12. Puzzling Out the Immigration Consequences of Various Criminal Convictions Part III

    Puzzling Out the Immigration Consequences of Various Criminal Convictions Part III Tova Indritz April 2002 22   Impact of Immigration Issues on the Service of a Sentence Treaty Transfers The United States has entered into mutual treaties with a number of different countries, including Mexico,

  13. Reviews in Review: Rape; Miranda and Diversity; Federalization

    Reviews in Review Ellen S. Podgor April 2002 53   Rape George C. Thomas III & David Edelman Consent To Have Sex: Empirical Evidence About “NO” 61 UNIVERSITY OF PITTSBURGH LAW REVIEW 579 (2000) Determining “what constitutes consent to have sex and how consent (or its opposite) must be commun

  14. RICO Report

    RICO Report Barry Tarlow April 2002 58   Co-Conspirator's Witness-Killing and Confrontation Rights Waiver The Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.” Even though the right of confrontati

  15. White Collar Crime

    White Collar Crime Kathryn Keneally April 2002 54   The USA PATRIOT Act: More Statutes That Reach Beyond Their Purpose The USA PATRIOT Act of 2001, passed in the flush of unquestioning national fervor between September 11 and the end of the year, became a Christmas tree of legislation, on which