July 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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Book Review: Knowledge as Power and Reaching the Bar and Too Politically Sensitive and Unbillable Ho
Book Review: "Knowledge as Power" Rafael E. Silva July 2010 60 Knowledge as Power: Criminal Registration and Community Notification Laws in America By Wayne A. Logan Stanford Law Books (2009) Reviewed by Rafael E. Silva Knowledge as Power convincingly dispels any notion that criminal
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Client-Centered Values on Display at Southern Public Defender Training Center
Client-Centered Values on Display at Southern Public Defender Training Center Andrew Wise July 2010 57 fgb
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From the President: The State of NACDL
The State of NACDL Cynthia Hujar Orr July 2010 5 As I approach the end of my presidency, in spite of a tight economy and the resulting budget cuts, NACDL continues to meet its core policy objectives without sacrificing morale, quality, or resolve. What follows is a skim across the surface of
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Honest Services
Honest Services Timothy O'Toole July 2010 51 Time To Move On: The Supreme Court’s Decision in Skilling Should End the Unbounded Application of the Honest Services Fraud Law Over the past 20 years, the government has treated the “honest services fraud” law, 18 U.S.C. § 1346, as the ultimate in fle
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Inside NACDL: Students Work to Advance NACDL Programs, Policies
Students Work to Advance NACDL Programs, Policies Norman L. Reimer July 2010 5 There is no greater honor for an organization than to know that future leaders want to devote their summer learning about the mission of that organization and helping it realize its aspirations. This summer, NACDL
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Iqbal for the Accused? A Civil Rationale for Dismissing Conclusory Criminal Indictments
Iqbal for the Accused? A Civil Rationale for Dismissing Conclusory Criminal Indictments Robert L. Weinberg July 2010 28 In a leading case on the sufficiency of federal indictments, the U.S. Supreme Court noted: "[A]n indictment parroting the language of a federal criminal statute is often suffic
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NACDL News
NACDL News Jack King; Ivan J. Dominguez July 2010 12 At Long Last, Crack-Powder Sentencing Disparity Reduced The House of Representatives on July 28 passed the Fair Sentencing Act of 2010 — the legislation that will relax the crack-powder disparity. Earlier this year the Senate adopted the legis
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NACDL News(2)
NACDL News Avni Mehta July 2010 13 Rwandan Government Targets NACDL Member Prof. Peter Erlinder NACDL celebrated the release of member Peter Erlinder June 18 from a Rwandan prison, where he had been detained for almost three weeks on charges of “genocide denial.” Erlinder, a law professor at W
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NACDL News: Indigent Defense Community Stunned by Ruling in Duncan v. State
Indigent Defense Community Stunned by Ruling in Duncan v. State In a surprise move on July 16, the Michigan Supreme Court reversed its Apr. 30 decision upholding a challenge to the state’s patchwork indigent defense system, ordering the tri
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Possession for Sale: When is Enough, Enough?
Possession for Sale: When is Enough, Enough? Stephen M. Pittell Ph.D. July 2010 18 The prosecution of cases alleging possession of drugs for sale is frequently based on the weight of the substances found in the subject’s possession. 1 Because no objective standards exist for determining how
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Search & Seizure Commentary
Search & Seizure Commentary Caitlin E. Parry July 2010 54 City’s Viewing of Employee’s Text Messages Did Not Run Afoul of Fourth Amendment Even if the employee in City of Ontario, California v. Quon1 had a reasonable expectation of privacy in the text messages on his city-issued
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Strength Through Structure: Constructing Winning Closing Arguments With Classical Form
Strength Through Structure: Constructing Winning Closing Arguments With Classical Form Jaime Escuder July 2010 24 Form: Hallmark of the Enduring When asked to explain the role that form plays in his compositions, classical guitarist and composer David Leisner said: “Form is very importan
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The Lack of Statistics and Distortion Can Weaken Fingerprint Accuracy
The Lack of Statistics and Distortion Can Weaken Fingerprint Accuracy Michael Cherry; Edward J. Imwinkelried; Manfred Schenk July 2010 47 Fingerprint examiners claim that their subjective analyzes yield accurate conclusions as to the source of the images they study. However, that claim is susp
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The Precarious Use of Forensic Psychology As Evidence: The Timothy Masters Case
The Precarious Use of Forensic Psychology As Evidence: The Timothy Masters Case
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WACDL Honors Three at Annual Awards Dinner
WACDL Honors Three at Annual Awards Dinner Gerald Lippert July 2010 17 The Washington Association of Criminal Defense Lawyers (WACDL) recently held its annual dinner in Chelan, Wash., where it presented its most prestigious annual awards. In recognition of her tireless advocacy on behalf of tho