Washington, DC (June 7, 1999) --
‘Justice Suffers Another Setback’
The U.S. Supreme Court today held that before state prisoners can seek federal habeas corpus relief, they must first petition the state supreme courts for discretionary review, even in states, like Illinois, which leave such matters to the state’s intermediate appellate court. O’Sullivan v. Boerckel, 97-2048. The National Association of Criminal Defense Lawyers (NACDL) filed a friend of the court brief supporting the Seventh Circuit Court of Appeals ruling to the contrary.
NACDL President Larry Pozner issued the following statement from his office in Denver today:
“The Court today has made it easier to let innocent people rot in jail. We should be assisting rather than impeding the review of convictions which may be unconstitutional. This includes the many convictions of actually innocent persons. Instead, the Court has tacked on red tape and needless paperwork.
“The Supreme Court continues to tinker with citizens’ rights. After making it easier and quicker to convict and imprison, the Court now makes review of constitutional errors more difficult and time-consuming. What kind of a nation puts a greater premium on paperwork than liberty itself?
“As our Amicus Brief points out, state prisoners should not be put to the empty ritual of state supreme court review where those courts, including the Illinois Supreme Court, clearly defer to the intermediate appellate court. The quest for justice in America has suffered another setback.”
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.
NACDL Communications Department
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.