Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner

Complaint filed in Duncan v. State of Michigan, a civil rights class action brought pursuant to the Sixth and Fourteenth Amendment alleging inadequate funding and oversight of indigent defense services. 
 

We write to propose a category of individuals who are deserving of clemency. Specifically, we respectfully request that you consider clemency for (1) individuals who suffered severe sentences as a consequence of having exercised their Sixth Amendment right to trial rather than having pleaded guilty and (2) individuals who accepted severe plea bargains under threat of substantially greater post-trial sentences. These scenarios—routine in our criminal justice system—illustrate a profound constitutional and human injustice: the “trial penalty”…

An Apprendi Primer: On the Virtues of a “Doubting Thomas” Jon M. Sands, Steven G. Kalar October 2000 18 Apprendi v. New Jersey - to the surprise of many, but not to Justice Thomas - announced a “watershed change in constitutional law.” 1 The ripples of this recent Supreme Court decision are now bei

The police regularly target people of color by using pretextual vehicle and traffic violations – including illegal window tint and disobeying a crosswalk signal – to justify the initial interaction. The goal of police officers is to escalate the encounter with false allegations of the smell of marijuana or furtive movements to enable them to conduct a full-blown search. How can defense counsel make a motion to suppress evidence based upon an allegation of racial targeting?

U.S. District Court Judge Emmet G. Sullivan’s letter to the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, regarding federal disclosure obligations and suggesting an amendment to the Federal Rules of Criminal Procedure.

Coalition letter to Governor Greg Abbott, of Texas, regarding his executive order (GA-13) refusing to allow release of inmates from state detention facilities during the COVID-19 pandemic.

Brief of the National Association Of Criminal Defense Lawyers and Delegate Patrick A. Hope as Amici Curiae in Support of Petition for Appeal.

Brief of the National Association of Criminal Defense Lawyers and the American Civil Liberties Union as Amici Curiae in Support of Petitioners. 

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Memorandum of Amici Curiae the National Association of Criminal Defense Lawyers and the American Civil Liberties Union Foundation of Vermont.

Brief of Amicus Curiae, Office of the Ohio Public Defender [and the National Association of Criminal Defense Lawyers] in Support of Appellant, David C. Kinney, Jr.

The authors proclaim that it is time to get back to the original premise of In re Gault and Fourteenth Amendment protections. They argue that the same reasoning courts have applied to postconviction proceedings must be applied at the trial level: Children are fundamentally different from adults, and these differences require enhanced procedural protections at all phases of prosecution — in delinquency court as well as in cases that are transferred to the adult system.

Brief of the National Association of Criminal Defense Lawyers as Amici Curiae Supporting Reversal.

Brief of Amici Curiae California Attorneys for Criminal Justice, National Association of Criminal Defense Lawyers, and Mexican Capital Legal Assistance Program in Support of Petitioner-Appellee and Supporting Affirmance.