Articles in this Issue

1. ‘Of Some Value’: A Discovery (Brady) Primer for Trial Attorneys

   Defense attorney Sebastian DeSantis focuses on the distinction between the pretrial and post-trial standards for Brady disclosure. Knowing the difference between the two standards is crucial to avoiding the postconviction standard concerning prejudice becoming the focus at the trial level.

   Sebastian DeSantis

2. Affiliate News

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

   Jessica Stepan

3. Book Review: Bringing Ben Home by Barbara Bradley Hagerty

   This month Matthew Mangino reviews Bringing Ben Home: A Murder, a Conviction, and the Fight to Redeem American Justice by Barbara Bradley Hagerty.

   Matthew T. Mangino

4. Book Review: The Untested: A Legal Thriller by Greg Morse

   This month Dionne R. Gonder-Stanley reviews The Untested: A Legal Thriller by Greg Morse.

   Dionne R. Gonder-Stanley

5. Memory & Perception: Prosecutors’ Efforts to Exclude Expert Testimony About Memory

   This article examines the legal and scientific arguments surrounding prosecutors' attempts to exclude expert testimony on perception and memory. It explores common prosecutorial objections, such as claims that such testimony invades the jury’s province or is unnecessary because it covers “common knowledge.” The authors argue convincingly for the probative value of expert insights on memory errors.

   Daniel Reisberg and Kathy Pezdek

6. NACDL News: NACDL Hosts US Supreme Court Swearing-In Ceremony

   NACDL News for July 2025

   Jessie Diamond and Jonathan Hutson

7. NACDL News: NACDL Participates in Advocacy Events for Second Chances and Legal Independence

   NACDL News for July 2025

   Jessie Diamond and Jonathan Hutson

8. NACDL News: NACDL Warns Executive Order’s Dangerous Overreach Undermines Community Safety and Trust

   in Police

   NACDL News for July 2025

   Jessie Diamond and Jonathan Hutson

9. Practice Points: 101 Tips for New Criminal Defense Lawyers

   Ian Friedman shares words of wisdom he wishes he had known when he started practicing law.

   Ian N. Friedman

10. Rethinking Generative AI in Legal Practice: Toward a Trustworthy Paradigm

    Large Language Model Generative AI (GenAI) sometimes produces inaccurate content. When factual accuracy is not essential, GenAI’s capacity to creatively innovate and connect disparate concepts can lead to new approaches and more successful client outcomes. When circumstances require accuracy, the use of GenAI must be contingent on (1) the lawyer having the necessary subject matter expertise and (2) the lawyer committing to independently evaluating the results.

    Patrick T. Barone

11. Sentencing: Additional Circuits Undercut the USSC’s Policy Statement Allowing Sentence Reductions

    for Defendants Who Received an ‘Unusually Long Sentence’

    The Sixth and Seventh Circuits invalidated the U.S. Sentencing Commission’s Policy Statement allowing for sentence reductions for defendants who received an “unusually long sentence.” At issue were “compassionate release” sentence reductions.

    Trevor Parkes

12. The Art of Cross-Examination in a DUI Case

    Edward Fiandach says that when cross-examining in a DUI case, defense counsel should demonstrate that witnesses were incorrect in their conclusions, did not hear or see the things about which they testified, or gave incomplete testimony. He describes a method to help accomplish these goals.

    Edward L. Fiandach

13. We Have Been Here Before

    A few generations ago, civil rights lawyers fought so that people could exercise their right to vote, could live in any neighborhood they wanted to live in, and could be free of illegal searches and seizures. Are we fighting these same battles in 2025?

    Lisa M. Wayne