"As the nation-state has monopolized habeas corpus … on balance we have far more people in prison, federal and state, than ever."

-Anthony Gregory

 At its heart, habeas corpus is meant to safeguard an individual's freedom. For our clients, habeas corpus is most often used as a post-conviction remedy. Find resources on habeas corpus here.

Join us for an in-depth Supreme Court term review designed specifically for criminal defense attorneys. We examine significant decisions from the 2023 term, their implications, emerging trends in Supreme Court jurisprudence, and preview cases on the docket for the 2024 term.

Brief for Amicus Curiae the National Association of Criminal Defense Lawyers in Support of Petitioner

Ad Hoc Military Tribunals Committee Position Paper for the Board of Directors of The National Association of Criminal Defense Lawyers(fn 1)

When the BOP Unlawfully Executes a Client’s Sentence Under the First Step Act

Federal defenders Stephen Sady and Elizabeth Daily offer pointers on enforcing the First Step Act time credits through administrative law and habeas corpus. They provide practitioners with practical ways to begin negotiating, then litigating when necessary, against the BOP’s failure to fully implement the First Step Act’s provisions.

Long-Suppressed Evidence Will Be Key to Jeffrey MacDonald’s Day in Court - Washington, DC (Sept. 14, 2012) – After spending the past 33 years in prison resulting from an unfair trial and a wrongful conviction, former Army Captain and medical doctor Jeffrey R. MacDonald is scheduled to get a meaningful day in court on Monday. The date is fortuitous, yet auspicious –  September 17 is Constitution Day, commemorating the date that the Constitution was signed in Philadelphia 225 years ago.

New Attack on Counsel Access at GTMO to Be Heard Friday -- Washington, DC (Aug. 17, 2012) – In the latest attack on attorney-client relationships at Guantanamo Bay, the U.S. Department of Justice now takes the position that Guantanamo detainees whose habeas corpus cases have been terminated no longer have the right of access to their lawyers and vice versa. Under a new “memorandum of understanding,” attorney-client visits and communications are permitted at the sole discretion of the Commander, Joint Task Force-Guantanamo.

A Guide From the Academy for Justice’s Miscarriages of Justice Initiative

How are stakeholders finding relief for miscarriages of justice? Advocates have created a guide that gathers in one place new and creative offensive tools for consideration by post-conviction litigators, prosecutors, the wrongfully convicted, policy advocates, judges, and legislators. This article provides a summary of the guide.

Table of Contents Included in Document 

Memorandum in Support of Habeas Petition in Child Sex Abuse Case

Open Records Request

Letter to Defense Expert

Application for Writ of Habeas Corpus 

Moiton for New Trial 

Motion for Issuance and Enforcement of Subpoena for Additional Medical Records 

Ruling on Motion for New Trial and Ruling by Georgia Court of Appeals

Concerns with Revisions to the Military Commissions Act of 2006 in the Senate-Passed Version of the National Defense Authorization Act of 2009 … The undersigned organizations want to make clear both our opposition to resuming the use of military commissions to try terrorism suspects, and our concern with numerous provisions in the amendment to the MCA that we strongly urge you to consider. … military commissions would still be incapable of delivering on the twin goals of any effective judicial system: ensuring that justice is fair, and ensuring that justice is swift.

Friend of the Court Lisa Kemler

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner-Appellant.

Brief of the National Association of Criminal Defense Lawyers and Due Process Institute as Amici Curiae in Support of Petitioner (On Petition for a Writ of Certiorari).