September/October 2001

September/October 2001

 

Articles in this Issue

  1. A Time of Change?

    A Time of Change? Irwin H. Schwartz September/October 2001 7 For 25 years, we have witnessed the erosion of constitutional rights and procedural fairness. We have witnessed the reinstatement of the death penalty. We have seen far too many executions. We have seen prisons fill to overflowing, and the

  2. Appellate Advocacy: Resolving Interstate Detainers

    Appellate Advocacy G. Fred Metos September/October 2001 33 Resolving Interstate Detainers The Interstate Agreement on Detainers (IAD) provides procedures to allow inmates and prosecutors to dispose of unresolved criminal cases in an expeditious manner. The IAD is applicable only to inmates servin

  3. Death Watch

    Death Watch Chris Adams September/October 2001 10   Mental Retardation and the Supreme Court The North Carolina Senate passed a mental retardation bill by a vote to 47-1 on July 26, 2001. Governor Easley, the former Attorney General, is expected to sign the bill and make North Carolina the 18th

  4. Fourth Amendment Forum: Atwater v. City of Lago Vista — ‘The Perfect Case’

    Fourth Amendment Forum Milton Hirsch, David O. Markus September/October 2001 46   Atwater v. City of Lago Vista — ‘The Perfect Case’ During oral argument in Atwater v. City of Lago Vista, 1 Justice Sandra Day O'Connor encouragingly told counsel for Atwater that he had “the perfect case.” 2 Th

  5. Grid & Bear It: Update on Selected Restitution Issues

    Grid & Bear It Catharine M. Goodwin September/October 2001 37   Update on Selected Restitution Issues The Mandatory Victims Restitution Act of 1996 (MVRA) 1 is the most sweeping change to restitution for federal criminal cases in recent decades, and is gradually changing the restitutio

  6. Harmless-Error Analysis in Habeas Corpus Cases: Should Brecht Still Apply?

    Harmless-Error Analysis in Habeas Corpus Cases: Should Brecht Still Apply? Andrea G. Hirsch Aeptember/October 2001 28 Harm. The existence of loss or detriment in fact of any kind to a person resulting from any cause. See also Damages; Injury; Physical injury.   Harmful. As used in connection

  7. Jury Instruction Corner: Part III: Jury Instruction Strategies When The Judge Says ‘No’

    Jury Instruction Corner Thomas Lundy September/October 2001 49   Part III: Jury Instruction Strategies When The Judge Says ‘No’ © 2001, FORECITE® Legal Publications, all rights reserved. Resiliency in the face of rejection is a characteristic of successful people in general, and criminal defens

  8. Public Defense: Battling the Image Of the ‘Public Pretender’

    Indigent Defense Tom Becker September/October 2001 35   Battling the Image Of the ‘Public Pretender’ Not long ago, Paul Rounds (Chief Attorney for the Marshalltown, Iowa, Public Defender Office) represented Juan Duran in a drug prosecution. The case started with Duran's arrest on a warrant in t

  9. Reviews in Review: Evidence; Prosecutor Ethics; Federal Conspiracy — Election Law Cases

    Reviews in Review Ellen S. Podgor September/October 2001 16   Evidence Milton Hirsch ‘This New-Born Babe and Infant Hercules:” The Doctrine of “Inextricably Intertwined’ Evidence in Florida's Drug Wars 25 NOVA LAW REVIEW 279 (2000) Attorney Milton Hirsch tells the story of the evidence doctrine

  10. RICO Report

    RICO Report Barry Tarlow September/October 2001 53   Drug Enhancements Declared Facially Unconstitutional When courts hand a victory to the defense, it is often narrow and at times it is reversed by a higher court. In an August 9, 2001 decision as groundbreaking as Apprendi v. New Jersey, 120 S

  11. The Defense Pillar: Making the Defense a Full Partner in the International Criminal Justice System

    The Defense Pillar: Making the Defense a Full Partner in the International Criminal Justice System Elise Groulx September/October 2001 20 Editor's Note: The International Criminal Defense Attorneys Association (ICDAA) was created in 1997 to serve as a voice for defense lawyers in the international c