Motion for Leave to File Amicus Curiae Brief on Behalf off the National Association of Criminal Defense  Lawyers in Support of Appellant’s Petition for Rehearing en Banc

Friend of the Court Lisa Kemler

Jury Instruction Corner Thomas Lundy

Informers are government witnesses, and their testimony is untrustworthy due to their self-interested motives. Though it is common for pattern jury instruction to include some note of caution about informers’ testimony, no instruction sufficiently alerts the jury to the incentives informers are given to lie. How can counsel fight against cooperation agreement provisions that prejudice the defendant? 

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure, except those related to criminal forfeiture.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure.

NACDL Update – On Tuesday, the United States Court of Appeals for the Second Circuit upheld the jury conviction of Defendant-Appellant Ionia Management S.A. in the matter of U.S. v. Ionia Management S.A. (07-5801-cr, 08-1387-cr) for “violat[ion] of the Act to Prevent Pollution on Ships by failing to ‘maintain’ an oil record book while in U.S. waters as required by 33 C.F.R. § 151.25.”

An indictment must inform a defendant of the charge that he must defend. A jury instruction that digresses from the elements of the charged statute constructively amends the indictment. Such constructive amendment violates the Fifth Amendment’s grand jury clause. Defense counsel must scrutinize the jury instructions and object to any deviations.

Jury Instruction on Medicare Civil Rules and Regulations.

US District Court Middle District of Florida Orlando Division: United States of America v. Noor Zahi Salman. 

NACDL amicus curiae brief in support of appellant.

Brief for the National Association of Criminal Defense Lawyers and the Ninth Circuit Federal Public and Community Defenders as Amici Curiae in Support of Defendant-Appellant.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Respondent.

Amicus curiae brief of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the Association of Corporate Counsel, the National Association of Manufacturers, the U.S. Chamber of Commerce and the Washington Legal Foundation. Appeal from the criminal conviction of a shipping company for unlawful actions of the crew of one of its ships, over which the company had no direct control while on the high seas.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari; joint brief also filed in support of the petition in Brooks v. United States, No. 12-218.