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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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Panel from the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review
Presented by Michael L. Perlin
This training is supported by Grant No. 2013-MU-BX-K014 awarded by the Bureau of Justice Assistance.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner.
Argument: The verbatim adoption of proposed orders is typical in Alabama capital postconviction cases and produces serious flaws in the resulting orders. The Eleventh Circuit erred in accepting as reasonable erroneous factual determinations in the trial court’s orders that were adopted verbatim from the proposed orders drafted by state prosecutors.