January/February 2022
What are the immigration consequences of a drug conviction? When should a defense attorney get an immigration attorney involved?
Articles in this Issue
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Affiliate News
What events are NACDL affiliates hosting this month? Find out here.
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Don’t Gamble With the Future: Immigration Consequences of Drug Convictions
A drug conviction can banish a noncitizen from the United States without regard to any rehabilitation or family ties. In addition, drug violations may torpedo a person’s chances of obtaining a visa, a green card, or citizenship. When should a criminal defense attorney get an immigration attorney involved?
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From the President: Through the Looking Glass — Criminal Justice Without Trials
We tell ourselves that we are protected from government abuse by a system of jury trials in which jurors decide guilt or innocence and judges determine sentences. What is the reality? We have abandoned the system of public jury trials established in the Constitution and Bill of Rights in favor of a shadow system of guilty pleas driven by the logic of prosecutorial power.
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In Memoriam: NACDL Remembers Past President Robert ‘Fogie’ Fogelnest
Robert Fogelnest, known to his friends as “Fogie,” passed peacefully at his home in San Miguel de Allende, Mexico, on Feb. 6, 2022.
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More Bite Than Just Bark: Using Model Rule 4.2’s No-Contact Rule
to Limit the Government’s Contact With Employees of a Represented Company
Andrew Boutros and John Schleppenbach provide practical guidance for white collar practitioners concerning when ABA Model Rule of Professional Conduct 4.2 prohibits the government from contacting and trying to interview employees of a represented corporation. The government may disagree with defense counsel’s interpretation of the rule. At the very least, however, providing notice of corporate representation should open a dialogue that prevents unpleasant surprises with regard to contacts with corporate employees.
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NACDL News: Heritage Foundation and NACDL: More Progress Needed to Safeguard the Intent Requirement
in Federal Criminal Law
NACDL News for January-February 2022
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NACDL News: NACDL Commends Biden Administration’s Decision to Reconsider Returning Individuals
to Prison After COVID-19 Pandemic
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NACDL News: Nation’s Criminal Defense Bar Mourns NACDL Death Penalty Committee Chair Natman Schaye
NACDL News for January-February 2022
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NACDL News: The Passing of a Legend: James Mathias Russ
NACDL News for January-February 2022
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Perspective: Takeaways From the Elizabeth Holmes Verdict
The trial of Elizabeth Holmes showed our criminal legal system at its best.
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Post-Verdict Jury Interviews
Some jurisdictions ban post-verdict juror interviews while others allow interviews when approved by the court, and in some jurisdictions, attorneys are not required to obtain court approval at all. Attorneys permitted to conduct such interviews have an opportunity to learn what did and did not work, as well as discover if the client was fairly convicted based on the evidence presented in court.
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Sixth Amendment: Supreme Court Slams Shut New York’s ‘Opening the Door’ Exception
to the Confrontation Clause
Was New York’s “opening the door” policy a valid exception to defendants’ Sixth Amendment Confrontation Clause rights? The Supreme Court slammed the “open door” exception shut.
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The Rule’s All Right
Defend the Confidentiality of Financial Affidavits Required for Representation Under the Criminal Justice Act
Criminal Justice Act Form 23 (financial affidavit) is a confidential document. Some judges have concluded that CJA Form 23 should be a public document. Federal public defender Stephen Sady writes that the defense bar should reject any diminishment of the privacy protections in Rule 49.1.