January-February 2023

January-February 2023 Cover

What are some novel ways that post-conviction litigators can obtain relief from miscarriages of justice?


Articles in this Issue

  1. Affiliate News

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

    Jessica Stepan

  2. Book Review: Fixing Legal Injustice in America by Andrea Lyon

    This month Sara Garber reviews Fixing Legal Injustice in America: The Case for a Defender General of the United States by Andrea Lyon.

    Sara Garber

  3. Book Review: The Other Dr. Gilmer by Dr. Benjamin Gilmer

    This month Cara Wieneke reviews The Other Dr. Gilmer: Two Men, a Murder, and an Unlikely Fight for Justice by Dr. Benjamin Gilmer.

    Cara Wieneke

  4. Book Review: The Rage of Innocence by Kristin Henning

    This month Samantha Buckingham reviews The Rage of Innocence: How America Criminalizes Black Youth by Kristin Henning.

    Samantha Buckingham

  5. Book Review: The Trial of Lee Harvey Oswald by William Alsup

    This month Randy Sue Pollock reviews The Trial of Lee Harvey Oswald by William Alsup.

    Randy Sue Pollock

  6. From the President: Ahead of the Curve and Expecting a Bumpy Ride

    The expected prosecutions as a result of the Dobbs decision are bearing down on a system already overwhelmed post-COVID. Because of the promise of arrests for those traveling interstate seeking services, defense attorneys may feel an impact even if they do not practice in an abortion-restrictive jurisdiction.

    Nellie L. King

  7. Get to Know the Sexual Assault Examiner in the Client’s Case

    It is crucial for a defense attorney to know the background and training of the forensic nurse examiner involved in the client’s case. A forensic nurse’s initial education does not include training on how to give an expert opinion related to his or her objective findings. Through continuing education and board certification, however, it is possible for a forensic nurse to be considered an expert.

    Tristan Ashly Wristen

  8. In Tribute: Honoring, Remembering, and Celebrating the Life of Deryl Dantzler

    Jodie English reflects on the influence of Deryl Dantzler.

    Jodie English

  9. Miscarriages of Justice: Litigating Beyond Factual Innocence

    A Guide From the Academy for Justice’s Miscarriages of Justice Initiative

    How are stakeholders finding relief for miscarriages of justice? Advocates have created a guide that gathers in one place new and creative offensive tools for consideration by post-conviction litigators, prosecutors, the wrongfully convicted, policy advocates, judges, and legislators. This article provides a summary of the guide.

    Valena Beety, Karen Newirth, and Karen Thompson

  10. NACDL News: Applauding Call to End Crack and Powder Cocaine Sentencing Disparity in Federal Courts

    NACDL News for January-February 2023

    Jessie Diamond, Jonathan Hutson, and Kate Holden

  11. NACDL News: The Champion Wins TABPI Award

    NACDL News for January-February 2023

    Jessie Diamond, Jonathan Hutson, and Kate Holden

  12. Search & Seizure Commentary: Are Zoom Calls the Next Investigative Frontier for DOJ?

    Imagine a juror not only hearing the recording of a wiretapped phone but watching a recording of a video call for the same meeting. Does the government have the capability to intercept Zoom calls? How would video conferencing companies react to a subpoena or search warrant?

    Sara Kropf

  13. Taking the Profit Out of Crime: Forfeiture

    Part I: The Basics

    According to the government, the goal of forfeiture is to take the profit out of crime. The government seeks to take private assets – including cash and real property – that it claims constitute the proceeds of criminal activity. Steven L. Kessler discusses some of the basics every attorney should know about forfeiture.

    Steven L. Kessler

  14. What’s Brewin’ With Bruen: A New Landscape for Defense of Gun Crimes

    The Supreme Court’s Bruen decision will have a major impact across the United States. Jurisdictions will make changes to gun regulations already on the books, and lawyers will bring legal challenges to existing gun laws. Defense attorneys Zachary Newland and Catherine Turner review and explain the new standard set forth in Bruen, and they discuss how lawyers are using the new standard to challenge the constitutionality of firearm laws.

    Zachary L. Newland and Catherine Turner