December 2010
Turn to The Champion for the exchange of ideas and practice tips from the best defenders in the nation.
Articles in this Issue
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A Methodology for Determining When Specific Juror Unanimity Is Required
A Methodology for Determining When Specific Juror Unanimity Is Required Thomas Lundy December 2010 49 Jury unanimity is a constitutionally based concept — a defendant is entitled to a verdict in which all 12 jurors concur, beyond a reasonable doubt, as to each count charged. “Duplicity,” anoth
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Affiliate News
Affiliate News Gerald Lippert December 2010 11 RIACDL Elects New Leadership The Rhode Island Association of Criminal Defense Lawyers (RIACDL) held annual elections during its recent Fall Dinner and Meeting in Providence. Andy Horwitz was elected president, and Rob Caron, Dan Ciora, La
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Book Reviews
Mark P. Rankin reviews Cultural Issues in Criminal Defense, edited by Linda Friedman Ramirez; Mark H. Allenbaugh reviews Federal Prison Guidebook, edited by Alan Ellis and J. Michael Henderson; Matthew G. Kaiser reviews Michael D. Cicchini and Amy B. Kushner's But They Didn’t Read Me My Rights: Myths, Oddities, and Lies About Our Legal System; Angela J. Moore reviews Margaret Regan's The Death of Josseline: Immigration Stories From the Arizona — Mexico Borderlands; and Michelle Inderbitzin reviews David Chura's I Don’t Wish Nobody to Have a Life Like Mine: Tales Of Kids in Adult Lockup.
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Ethics and Advocacy Dilemmas — Possessing Evidence of a Client’s Crime
Ethics and Advocacy Dilemmas — Possessing Evidence of a Client’s Crime
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From the President: ‘Camp Justice’: Guantánamo’s ‘Child Soldier’ Pleads Guilty
‘Camp Justice’: Guantánamo’s ‘Child Soldier’ Pleads Guilty Jim E. Lavine December 2010 5 Canadian Guantánamo detainee Omar Khadr pleaded guilty on Oct. 25 to charges of murder, attempted murder, conspiracy, spying, and material support of al Qaeda. Khadr was 15 years old when he was shot and
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How to Free a ‘Guilty’ Client by Arguing Entrapment by Estoppel
How to Free a ‘Guilty’ Client by Arguing Entrapment by Estoppel Daniel E. Monnat; Paige A. Nichols December 2010 30 [F]or the state to prosecute someone for innocently acting upon … mistaken [official] advice is akin to throwing water on a man and arresting him because he’s wet. People v.
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NACDL News
NACDL News Jack King; Ivan J. Dominguez December 2010 10 Alex Bunin Named Houston’s First Chief Public Defender The National Association of Criminal Defense Lawyers (NACDL) saluted Harris County officials on the Nov. 9 appointment of Alex Bunin to serve as the first Chief Public Defender of
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Requesting and Using Investigative Assistance
Requesting and Using Investigative Assistance Thomas J. Farrell December 2010 45 The U.S. Supreme Court recognized a due process right to expert assistance at court cost in Ake v. Oklahoma. 1 Courts have construed Ake to require the state to provide an indigent defendant with any expert servi
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The 'Padilla' Decision: Was 2010 the Year Marking a Paradigm Shift in the Role Of Defense Co
Decision: Was 2010 the Year Marking a Paradigm Shift in the Role Of Defense Counsel — or Just More Business as Usual? Norman L. Reimer December 2010 7 As 2010 draws to a close, one cannot help wondering if the Supreme Court’s landmark decision in Padilla v. Kentucky 1 will usher in the new
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The DWI Detection and Standardized Field Sobriety Testing Manual: Using Their Playbook Against Them
The DWI Detection and Standardized Field Sobriety Testing Manual: Using Their Playbook Against Them Stephen L. Jones December 2010 24 The DWI Detection and Standardized Field Sobriety Testing Manual1 (SFST Manual) is the government’s bible. It covers what the observing, investigating and arres
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Tribal Law and Order Act of 2010: A Primer, With Reservations
Tribal Law and Order Act of 2010: A Primer, With Reservations Quintin Cushner; Jon M. Sands December 2010 38 The Tribal Law and Order Act (TLOA) is the most sweeping criminal justice reform relating to Indian Country in more than 40 years. Effective July 29, 2010, the TLOA strengthens law enfo