Articles in this Issue

1. Appellate Advocacy: Appeals From Conditional Guilty Pleas

   Appellate Advocacy G. Fred Metos May 2001 33 Appeals From Conditional Guilty Pleas Generally, a guilty plea waives the right to appeal any legal issues that do not involve the voluntariness of the plea or the propriety of the sentence. However, a conditional guilty plea allows a defendant to appe

   G. Fred Metos

2. Controlled Substances

   Controlled Substances Peter Schoenburg, Stephen McCue May 2001 37   A Welcome Check on Highway Checkpoints In City of Indianapolis, et al., Petitioners v. James Edmond, et al., 1 the U.S. Supreme Court faced the question of whether a checkpoint established for the primary purpose of finding dr

   Peter Schoenburg, Stephen McCue

3. Death Watch

   Death Watch Chris Adams May 2001 10 Executing the mentally retarded cruel and unusual? The Supreme Court surprisingly agreed to revisit the issue of whether executing the mentally retarded violates the country's evolving standards of decency and is therefore cruel and unusual punishment. On March

   Chris Adams

4. Extracting the Gate Key: Litigating Brady Issues

   Extracting the Gate Key: Litigating Brady Issues Robert S. Mahler May 2001 14 Westley: Give us the gate key. Yellin: I have no gate key. Inigo Montoya: Feznik, tear his arms off. Yellin: Oh, you mean this gate key. 1   The same year in which the fictional character Inigo Montoya

   Robert S. Mahler

5. Grid & Bear It: ‘Where Have You Gone, Horace Rumpole?’

   Grid & Bear It Shelley R. Sadin May 2001 46   ‘Where Have You Gone, Horace Rumpole?’ “Never plead guilty!” That was the motto of Horace Rumpole, champion of the unfortunate, and often indigent, accused “down the Old Bailey” in John Mortimer's famous stories about a Wordsworth-quoting, j

   Shelley R. Sadin

6. In Open Court

   In Open Court David S. Rudolf, M. Gordon Widenhouse May 2001 35 A Funny Thing Happened In Double Jeopardy Land Wouldn't it be great if there was a way to prevent the sentencing court from using one of your client's prior convictions to enhance his sentence? Wouldn't it be even better if you could

   David S. Rudolf, M. Gordon Widenhouse

7. Jury Instruction Corner: Part I: The Inherent Limitations Of Pattern Instructions

   Jury Instruction Corner Thomas Lundy May 2001 39   Part I: The Inherent Limitations Of Pattern Instructions This is the first in a series of articles addressing the role of standard pattern instructions in American criminal jurisprudence. It is the premise of these articles that judges and prac

   Thomas Lundy

8. NACDL News

   NACDL News Daniel Diodson May 2001 8   Popular drug to calculate five times higher than heroin Sentencing Commission ignores scientific testimony, dramatically increases sentencing levels for ecstasy Despite testimony from President Ed Mallett and two scientists sponsored by NACDL, the U.S. S

   Daniel Diodson

9. Poverty and Death

   Poverty and Death Edward A. Mallett May 2001 7 April 9, 2001: News Alert: “Justice Ruth Bader Ginsberg backs the death penalty moratorium.” Amazing. We are accustomed to justices coming out against the death penalty later, when it makes less difference. Most of us remember the post-retirement con

   Edward A. Mallett

10. Public Defense: Combating Inadequate Resources

    Indigent Defense Michael Terribile May 2001 23   Combating Inadequate Resources Note: Sometimes, progress is achieved through one individual standing up and saying, “enough.” Mike Terribile, a criminal defense attorney in Phoenix, did just that. At a Discussion on Indigent Defense in Arizona

    Michael Terribile

11. Reviews in Review: ‘Bad Samaritan’ Law; Federal Rule of Evidence 609[a][2] Impeachments; Prosecution

    Reviews in Review Ellen S. Podgor May 2001 13 ‘Bad Samaritan’ Law Joshua Dressler Some Brief Thoughts (Mostly Negative) About ‘Bad Samaritan’ Laws 40 SANTA CLARA LAW REVIEW 971 (2000) In this essay, Professor Joshua Dressler discusses the deficiencies of what is commonly termed, “Good Samarita

    Ellen S. Podgor

12. RICO Report

    RICO Report Barry Tarlow May 2001 50 Polygraph Evidence in the Post-Daubert Era and the Admissibility of Soft Expert Testimony Judicial evaluation of the admission of polygraph evidence has followed a long and tortuous history, particularly in the Ninth Circuit. See RICO Report, The Champion (Dec

    Barry Tarlow

13. Section 666, the Spending Power and Federalization of Criminal Law

    Section 666, the Spending Power and Federalization of Criminal Law Richard W. Garnett, John P. Elwood May 2001 26 “Don't make a federal case of it!” In recent years, the Supreme Court has breathed new life into this old schoolyard refrain. 1 Indeed, its frequent reminders that the Constitution mean

    Richard W. Garnett, John P. Elwood