June 2012

June 2012 Cover

NACDL has launched a 15-month celebration of the historic decision in Gideon v Wainwright to honor the role that defense lawyers play in ensuring justice for people accused of crimes.


Articles in this Issue

  1. Affiliate News

    Affiliate News Gerald Lippert Affiliate News June 2012 85 WACDL Honors Mestel At its recent Annual Conference, the Washington Association of Criminal Defense Lawyers (WACDL) honored Mark Mestel of Everett, Wash., with the William O. Douglas Award - WACDL’s most prestigious award - in recognitio

    Gerald Lippert

  2. An Imperfect but Honorable Legacy: A Brief Survey Of Cases Following Gideon v. Wainwright

    Some of the cases that followed Gideon have disappointed when it comes to imposing clear safeguards on the Sixth Amendment rights of indigents.

    William R. Terpening

  3. Clarence Earl Gideon: Unlikely World-Shaker

    Where did Clarence Gideon get the idea that he was entitled to a free lawyer?

    Jack King

  4. Developments in Indigent Defense

    Calls for reform to indigent defense systems have begun to resonate with some state governments.

    John P. Gross

  5. Gideon: Looking Back To the 40th Anniversary

    Look back 10 years and remember NACDL’s symposium celebrating one of the country’s most important legal decisions.

    Ellen S. Podgor

  6. Gideon’s Next Frontier: No Detention And No Conviction Without Counsel

    The right to counsel, and the right to the appointment of counsel for indigents, must attach in any proceeding at which a criminal conviction may result.

    Lisa M. Wayne and Norman L. Reimer

  7. Looking Back on Gideon v. Wainwright

    Did failure of Betts v. Brady to provide a workable standard for providing counsel make the Gideon decision inevitable?

    Peter W. Fenton and Michael B. Shapiro

  8. Recognizing Gideon’s Champions

    NACDL launches the Gideon’s Champions Project.

    Bonnie Hoffman

  9. Redefining Success as a Public Defender: A Rallying Cry for Those Most Committed to Gideon’s Promise

    Being a successful public defender means more than winning an acquittal, earning a dismissal, or negotiation a great plea.

    Jonathan Rapping

  10. Reflections on Gideon

    U.S. Attorney General Eric Holder and former U.S. Attorney General Dick Thornburgh discuss the importance of the right to counsel for indigents.   

    Eric H. Holder Jr. and Dick Thornburgh

  11. Remembering Gideon’s Lawyers

    The man who represented the state of Florida in Gideon reminisces.

    Bruce R. Jacob

  12. Strategies and Tips for CJA Court-Appointed Counsel When Requesting Experts, Investigators, or Other

    Lawyers should not only know how to secure investigative, expert, or other services necessary to adequately represent clients, but should take advantage of all services available.   

    Mark E. Cedrone and Aubrey Cedrone Emrich

  13. Supreme Court Ends 2011 Term

    Supreme Court Ends 2011 Term Jack King and Ivan J. Dominguez NACDL News June 2012 86 On June 21, the U.S. Supreme Court held that defendants who committed a cocaine offense before the Fair Sentencing Act of 2010 went into effect, but who were sentenced after its effective date, are entitled to the

    Jack King and Ivan J. Dominguez

  14. The Gideon timeline

    The Gideon timeline Editor June 2012 8 1910 August 30   Clarence Earl Gideon born in Hannibal, Missouri. 1961 June 3   Gideon arrested on suspicion of breaking into poolroom in Panama City, Florida. August 4   Pro se defendant Gideon denied appointed counsel, convicted of


  15. The Promise of Effective Assistance of Counsel: Good Enough Isn’t Good Enough

    A lawyer who does the bare minimum is not providing effective representation. Minimal due process is not good enough.

    Andrea D. Lyon

  16. The Role of Defense Counsel in Ensuring a Fair Justice System

    Recognize the problems that continue to exist, acknowledge the severity of the issues, and strive to take measures needed for reform.

    Richard Klein

  17. The Significance of Gideon to the Guantánamo Detainees

    The legal community must strive tirelessly for a criminal justice system that delivers reliable results even for the most reviled defendants.

    Joshua L. Dratel

  18. Two Stevens Prosecutors Suspended for Brady Violations

    Two Stevens Prosecutors Suspended for Brady Violations Jack King NACDL News June 2012 86 On May 24, 2012, the U.S. Department of Justice revealed the only two disciplinary actions it has taken in the investigation of professional misconduct leading to the indictment and conviction of the late sen

    Jack King

  19. When the Cheering (for Gideon) Stops: The Defense Bar and Representation at Initial Bail Hearings

    Without a lawyer’s presence and zealous advocacy at the initial bail hearing, unreasonable bail amounts result.

    Douglas L. Colbert