April 2013
Learn how two Georgia defense attorneys handled a sexsomnia case and read about two cases that paved a path for the defense to challenge the admission of evidence from nontestifying forensic experts.
Articles in this Issue
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A Lawyer’s Response To the Threat of His Client’s Loss of Counsel (Gideon’s Champions)
A Lawyer’s Response To the Threat of His Client’s Loss of Counsel (Gideon’s Champions) William P. Wolf Gideon’s Champions April 2013 53 One of the fundamental reasons that a Bill of Rights was pushed through and ratified to become part of the U.S. Constitution in 1791 was the fundamental belief th
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Affiliate News
Affiliate News Gerald Lippert Affiliate News April 2013 17 Executive Directors to Meet in July Executive Directors of NACDL’s affiliated organizations are currently planning their retreat, which will coincide with NACDL’s 56th Annual Meeting in San Francisco, Calif., July 25-28, 2013. For addit
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Book Review: A Conflict of Interest
Book Review: A Conflict of Interest Loretta G. Cravens Book Review April 2013 61 A Conflict of Interest By Adam Mitzner Galley Books (2011) Reviewed by Loretta G. Cravens “I like Batman. … Think of it as my way of identifying with another defender of the innocent,” powerful New York Ci
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Book Review: The Constitutional Rights of Children: In re Gault and Juvenile Justice
Book Review: The Constitutional Rights of Children: In re Gault and Juvenile Justice Richard Comenzo Book Review April 2013 61 The Constitutional Rights of Children: In re Gault and Juvenile Justice By David S. Tanenhaus University Press of Kansas (2011) Reviewed by Richard Comenzo “
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DWI
DWI David S. Katz DWI April 2013 44 ADHD and Driving — A Recipe for False DUI Convictions How many times has an investigating officer stated in a police report that the client “did not stop at the stop sign,” “pulled into traffic inappropriately,” “merged dangerously,” or “crossed the lane line
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Federal Sentencing Tips
Federal Sentencing Tips Alan Ellis, Todd Bussert, and Mark Allenbaugh April 2013 40 Editor’s Note: This article is based on information in the 2012–14 edition of Federal Prison Guidebook by Alan Ellis (James Publishing). Approximately 94 percent of all federal criminal defendants plead guil
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From the President: Be Real
A real lawyer is one whose work exhibits the essential quality of good lawyering – a careful questioning and attention to detail in the application of good judgment, informed by the law, to facts that are thoroughly determined.
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How We Handled a Sexsomnia Case
How We Handled a Sexsomnia Case Douglas Peters and Robert Rubin April 2013 18 Introduction Most child molestation cases fit into one of two broad categories. In the first category, the client admits he 1 intentionally committed the act of which he is accused. He may admit he has a problem and...
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Law Student Essay Competition
Voter ID laws are being used to suppress minority and poor voters.
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Letter to the Editor: What is the percentage of federal criminal defendants who are not convicted? W
Letter to the Editor: What is the percentage of federal criminal defendants who are not convicted? Why are so many cases dismissed? Robert L. Weinberg Letter to the Editor April 2013 04 The Wall Street Journal and the Washington Post recently presented some sobering statistics on the high rate o
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NACDL News: Bipartisan Reform Legislation On Mandatory Minimum Sentencing Introduced
NACDL News: Bipartisan Reform Legislation On Mandatory Minimum Sentencing Introduced Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 15 On March 20, Senators Patrick Leahy (D-VT) and Rand Paul (R-KY) introduced the Justice Safety Valve Act of 2013 (S. 619). If enacted, this legislation woul
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NACDL News: FCJ President Gerald B. Lefcourt Recognized With Norman S. Ostrow Award
NACDL News: FCJ President Gerald B. Lefcourt Recognized With Norman S. Ostrow Award Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 15 The New York Council of Defense Lawyers honored Gerald Lefcourt on March 8 with the 2013 Norman S. Ostrow Award at a special luncheon in his honor at the G
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NACDL News: NACDL and Georgetown Law Center Host ‘Reducing Corporate Criminality’ Symposium
NACDL News: NACDL and Georgetown Law Center Host ‘Reducing Corporate Criminality’ Symposium Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 March 15, 2013 — Former Deputy Attorney General Mark Filip (far left) moderated a panel at Georgetown Law consisting of NACDL members Irwin Schwartz,
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NACDL News: NACDL and The Heritage Foundation Co-Sponsor ‘Gideon at 50‘ Event
NACDL News: NACDL and The Heritage Foundation Co-Sponsor ‘Gideon at 50‘ Event Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 14 Participants at the “Gideon at 50” event included (left to right) NACDL Executive Director Norman L. Reimer, former Attorney General Edwin Meese III, NACDL Presi
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NACDL News: NACDL Report Reveals Severe Underfunding of Assigned Counsel Systems
NACDL News: NACDL Report Reveals Severe Underfunding of Assigned Counsel Systems Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 14 A report recently released by NACDL reveals the woefully inadequate compensation rates received by assigned defense counsel across the 50 U.S. states. Prepare
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NACDL News: Supreme Court Rules Dog Sniffs At Homes Are Searches
NACDL News: Supreme Court Rules Dog Sniffs At Homes Are Searches Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 15 Law enforcement’s use of a narcotics detection dog at the front door of Joelis Jardines was a Fourth Amendment search that required probable cause, the U.S. Supreme Court held
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NACDL News: Warrant Requirement Included in Electronic Communications Bill
NACDL News: Warrant Requirement Included in Electronic Communications Bill Ivan J. Dominguez and Isaac Kramer NACDL News April 2013 15 Senators Patrick Leahy (D-VT) and Mike Lee (R-UT) on March 19 introduced the Electronic Communications Privacy Act Amendments Act of 2013 (S. 607), which would requi
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NACDL’s New Way to Connect
NACDL’s New Way to Connect Membership April 2013 10 NACDL is delighted to announce the launch of a new platform for community discussion groups. NACDLConnect dramatically enhances the versatility and richness of member-to-member communications by providing an updated interface and myriad options
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The Gideon Anniversary: 50 Was Important — But 51 and Beyond Must Be the Focus (Inside NACDL)
The struggle to realize the promise of Gideon will be fought one case at a time and one issue at a time.
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The Reinvigorated Confrontation Clause: A New Basis to Challenge the Admission of Evidence
From Nontestifying Forensic Experts In White Collar Prosecutions
In white and blue collar cases, prosecutors sometimes seek to admit evidence from nontestifying forensic experts through surrogate witnesses and documents in order to prevent defense attorneys from cross-examining the experts. The authors provide practical suggestions on how white collar practitioners may rely on the reinvigorated Confrontation Clause to preclude the admission of forensic evidence of nontestifying witnesses at trial.