Articles in this Issue

1. ‘Brady Wrapped in Jencks Packaging’

   How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense Counsel Can Fight Back

   Some circuit courts take the position that if evidence falls into the category of both Brady and Jencks, then Jencks takes precedence over Brady. The result? Core Brady evidence is not turned over in a timely manner. How can defense lawyers challenge the delay?

   William C. Athanas and Richard S. Jaffe

2. Affiliate News

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

   Jessica Stepan

3. From the President: Digital Dystopia: NACDL Sounds Alarm on AI’s Perilous Path in the Legal System

   The real-world consequences of artificial intelligence-driven practices are evident. Biased algorithms reinforce systemic inequalities, and faulty data triggers wrongful arrests. Law enforcement officers do not fully understand how these technologies work. NACDL is championing transparency and accountability while rigorously challenging the threats presented.

   Andrew S. Birrell

4. Guns Before and After Guilt: Maintaining a Nonviolent Defendant’s Second Amendment Rights

   Pending Trial and Post-Conviction

   Barry Boss and Samantha Rubin Stratford have turned their focus to gun possession and the white collar defendant. Developing Second Amendment case law and the government’s priorities provide pathways for defense counsel to argue in favor of nonviolent clients maintaining gun ownership prior to and after conviction.

   Barry Boss and Samantha Rubin Stratford

5. In Memoriam: Farewell to Roy Black: Let it be said of you that you fought the good fight, and won.

   The nation’s criminal defense bar mourns the loss of Roy Black.

   Marty Weinberg, Howard Srebnick, and Jackie Perczek

6. In Memoriam: The Essence of Thomas Anthony Durkin: A Dedication to Clients and the Law

   The nation’s criminal defense bar mourns the loss of Thomas Anthony Durkin.

   Patrick W. Blegen, Joshua G. Herman, and Robin V. Waters

7. NACDL News: Get to Know Zane Zwiernik, NACDL’s Employee of the Year

   NACDL News for September/October 2025

   Jessie Diamond and Jonathan Hutson

8. NACDL News: Minnesota Attorney Andrew S. Birrell Sworn in as President of Criminal Defense Bar

   NACDL News for September/October 2025

   Jessie Diamond and Jonathan Hutson

9. NACDL News: NACDL Condemns DOJ Directive on Denaturalization

   NACDL News for September/October 2025

   Jessie Diamond and Jonathan Hutson

10. NACDL News: Two Awards Presented at NACDL’s 2025 Annual Meeting

    NACDL News for September/October 2025

    Jessie Diamond and Jonathan Hutson

11. Snyder and the Evolving Jurisprudence Surrounding Public Corruption Statutes

    With the decision in United States v. Snyder, the U.S. Supreme Court continues to illuminate the field regarding what constitutes public corruption. For defense attorneys, Snyder marks a pivotal shift in public integrity prosecutions and offers new avenues for challenging 18 U.S.C. § 666 charges based on timing and intent.

    John R. Mitchell, Carly Chocron, and Mira Aftim

12. Supreme Court 2024–2025 Criminal Law Review

    Elizabeth Unger Carlyle recaps the criminal, habeas, and prisoner civil rights cases of the 2024-2025 Term.

    Elizabeth Unger Carlyle

13. Trends in Sanctions and Export Enforcement

    Michael Rosensaft and Nicholas Liotta review prosecutions, speeches, executive orders, and rulemaking to determine whether sanctions enforcement is a priority for the government.

    Michael M. Rosensaft and Nicholas J. Liotta