January/February 2023
What are some novel ways that post-conviction litigators can obtain relief from miscarriages of justice?
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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Book Review: Fixing Legal Injustice in America by Andrea Lyon
This month Sara Garber reviews Fixing Legal Injustice in America: The Case for a Defender General of the United States by Andrea Lyon.
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Book Review: The Other Dr. Gilmer by Dr. Benjamin Gilmer
This month Cara Wieneke reviews The Other Dr. Gilmer: Two Men, a Murder, and an Unlikely Fight for Justice by Dr. Benjamin Gilmer.
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Book Review: The Rage of Innocence by Kristin Henning
This month Samantha Buckingham reviews The Rage of Innocence: How America Criminalizes Black Youth by Kristin Henning.
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Book Review: The Trial of Lee Harvey Oswald by William Alsup
This month Randy Sue Pollock reviews The Trial of Lee Harvey Oswald by William Alsup.
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From the President: Ahead of the Curve and Expecting a Bumpy Ride
The expected prosecutions as a result of the Dobbs decision are bearing down on a system already overwhelmed post-COVID. Because of the promise of arrests for those traveling interstate seeking services, defense attorneys may feel an impact even if they do not practice in an abortion-restrictive jurisdiction.
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Get to Know the Sexual Assault Examiner in the Client’s Case
It is crucial for a defense attorney to know the background and training of the forensic nurse examiner involved in the client’s case. A forensic nurse’s initial education does not include training on how to give an expert opinion related to his or her objective findings. Through continuing education and board certification, however, it is possible for a forensic nurse to be considered an expert.
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In Tribute: Honoring, Remembering, and Celebrating the Life of Deryl Dantzler
Jodie English reflects on the influence of Deryl Dantzler.
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Miscarriages of Justice: Litigating Beyond Factual Innocence
A Guide From the Academy for Justice’s Miscarriages of Justice Initiative
How are stakeholders finding relief for miscarriages of justice? Advocates have created a guide that gathers in one place new and creative offensive tools for consideration by post-conviction litigators, prosecutors, the wrongfully convicted, policy advocates, judges, and legislators. This article provides a summary of the guide.
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NACDL News: Applauding Call to End Crack and Powder Cocaine Sentencing Disparity in Federal Courts
NACDL News for January-February 2023
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NACDL News: The Champion Wins TABPI Award
NACDL News for January-February 2023
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Search & Seizure Commentary: Are Zoom Calls the Next Investigative Frontier for DOJ?
Imagine a juror not only hearing the recording of a wiretapped phone but watching a recording of a video call for the same meeting. Does the government have the capability to intercept Zoom calls? How would video conferencing companies react to a subpoena or search warrant?
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Taking the Profit Out of Crime: Forfeiture
Part I: The Basics
According to the government, the goal of forfeiture is to take the profit out of crime. The government seeks to take private assets – including cash and real property – that it claims constitute the proceeds of criminal activity. Steven L. Kessler discusses some of the basics every attorney should know about forfeiture.
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What’s Brewin’ With Bruen: A New Landscape for Defense of Gun Crimes
The Supreme Court’s Bruen decision will have a major impact across the United States. Jurisdictions will make changes to gun regulations already on the books, and lawyers will bring legal challenges to existing gun laws. Defense attorneys Zachary Newland and Catherine Turner review and explain the new standard set forth in Bruen, and they discuss how lawyers are using the new standard to challenge the constitutionality of firearm laws.