Articles in this Issue

1. Appellate Advocacy: Waiver of Appellate Issues and Trial Tactics

   Appellate Advocacy G. Fred Metos December 2000 50     Waiver of Appellate Issues and Trial Tactics The waiver of potential appellate issues may occur in several ways at the trial level. The most common form generally involves failing to raise an issue at all. In Ohler v. United States, 1 th

   G. Fred Metos

2. Apprendi: Getting the Word Out

   Apprendi: Getting the Word Out Timothy Crooks December 2000 26 Since the United States Supreme Court's path-breaking decision in Apprendi v. New Jersey 1 on June 26, 2000, criminal defense practitioners have been inundated with telephone calls and letters from past and present clients, all with the

   Timothy Crooks

3. Book Reviews: The Advocate: A Novel and Tangled Web: Tales of Digital Crime from the Shadows of Cybe

   Book Review Hal R. Arenstein December 2000 16 The Advocate; A Novel By Larry Axelrod Cumberland House Publishing, Inc; Nashville, TN (2000) (272 Pages) $22.95 (Hardcover) Reviewed by Hal R. Arenstein In Larry Axelrood's The Advocate, Darcy Cole is the man in Chicago. Anyone in the criminal acc

   Hal R. Arenstein; Susan W. Brenner

4. Controlled Substances

   Controlled Substances Peter Schoenburg, Stephen McCue December 2000 42   Impact of New Federal Sentencing Guideline Amendments The newly reconstituted United States Sentencing Commission has been busy amending the federal Sentencing Guidelines. What follows is a summary of the amendments effect

   Peter Schoenburg, Stephen McCue

5. Death Watch

   Death Watch Chris Adams December 2000 13   Moratorium Movement Growing in NC Greensboro became the eighth local government in North Carolina to pass a resolution calling for a moratorium on executions on October 3. With an 8-1 vote, including the support of three pro-death penalty Republicans,

   Chris Adams

6. Defending War Criminals in the Hague

   Defending War Criminals in the Hague Peter Robinson December 2000 34 A handful of North American lawyers are making international law and history in three glass-enclosed courtrooms in The Hague. Located in this stately Dutch city, near the sandy beaches of the North Sea, is the International Crimina

   Peter Robinson

7. Great Moments in Courtroom History

   Great Moments in Courtroom History Charles M. Sevilla December 2000 39   Police Report: The Position (James M. Baw. Merced, CA) “The victim stated that she willingly had sex with the suspect and that they only had sex one time in the usual military position.”   Suitable Question (John

   Charles M. Sevilla

8. Informal Opinion: Memories of an Execution

   Informal Opinion Joseph Margulies December 2000 46   Memories of an Execution On Thursday, February 24, 2000, at 6:00 p.m., the State of Texas executed my client of eleven years, Betty Lou Beets. Betty was 62. For years my co-counsel, John Blume, and I tried to tell people about Betty's life. N

   Joseph Margulies

9. Jury Instruction Corner: Obtaining Instruction on Non-Included Lesser Offenses

   Jury Instruction Corner Thomas Lundy December 2000 48   Obtaining Instruction on Non-Included Lesser Offenses A common defense strategy is to provide the jury with a lesser offense option so that it is not presented with an unwarranted “all or nothing” choice. (See Beck v. Alabama, 447 U.S. 625

   Thomas Lundy

10. Legislation

    Legislation Kyle O'Dowd December 2000 54   Save McDade-Murtha Protracted in length but short on substance, the second session of the 106th Congress nonetheless presages some of the possibilities and pitfalls that lie ahead. Teetering on the brink of one pitfall was the McDade-Murtha law (28 U.S

    Kyle O'Dowd

11. NACDL News

    NACDL News NACDL Staff December 2000 8 Board Calls for End to ‘War on Drugs' The ‘War on Drugs' is “elitist, racist, hypocritical, and stupid,” said National Association of Criminal Defense Lawyers President Edward Mallett November 4 in New York as the Association's Board of Directors unanimously

    NACDL Staff

12. President's Column: Prison Mail

    Prison Mail Edward A. Mallett President's Column December 2000 7 “That's where John Robinette lives,” I told my wife as we were driving past the federal penitentiary north of Phoenix on the way to the Grand Canyon. “Is he still in?” she asked. “That case was before David was born,” she added, refe

    Edward A. Mallett

13. Reviews in Review: Controlling Federalization; White-Collar Crime; Defense Witness Immunity

    Reviews in Review Ellen Podgor December 2000 40   Controlling Federalization Michael A. Simons Prosecutorial Discretion and Prosecution Guidelines: A Case Study in Controlling Federalization 75 NEW YORK UNIVERSITY LAW REVIEW 893 (2000) Professor Michael A. Simons begins his article by summarizi

    Ellen Podgor

14. RICO Report

    RICO Report Barry Tarlow December 2000 56 Brady Violation of Undisclosed U.S. Customs Service Bonuses Results in Downward Departure Although not widely discussed until recently, a court's choice of remedies for a Brady violation are wider than determining whether a new trial, reversal, or dismiss

    Barry Tarlow

15. U.S. Supreme court Update (1999-2000)

    U.S. Supreme court Update (1999-2000) G. Paul McCormick December 2000 18 The past term of the U.S. Supreme Court proved to be very dynamic from the viewpoint of the criminally accused. For once, there were several decisions announced favorable to criminal defendants. The watershed case of Apprendi w

    G. Paul McCormick