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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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NACDL is pleased to submit our comments with respect to the proposed changes to Federal Rule of Evidence 609(a)(1). … Our members have substantial experience with the challenges created by Rule 609 and have submitted amicus briefs before the Oregon Supreme Court and Supreme Court of the State of Washington related to the state counterparts of Rule 609’s impact on the people in each jurisdiction. In line with our dedication to advancing the proper, efficient, and just administration of justice, we would like to offer the following comments on the proposed change to Rule 609(a)(1).
Although the rationale for impeaching with prior convictions is to shed light on an individual’s “propensity for truthfulness,” prior convictions have no connection to truthfulness or untruthfulness. Instead, this practice provides leverage for prosecutors because it deters vital witness testimony. How can defense attorneys push back against the practice of prior conviction impeachment right now?
Brief for Amicus Curiae the National Association of Criminal Defense Lawyers in Support of Petitioner
Brief of the Oregon Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Defendant-Respondent
Find helpful compassionate release motions and decisions involving 851 enhancements here.
Motion and Memorandum (July 1, 2021)
Order (July 9, 2021)
Order granting motion for compassionate release
Memorandum Opinion
Order granting motion to reduce sentence
Memorandum Order
Memorandum Opinion.
Order (Feb. 26, 2021)
Motion (Aug. 31, 2021)
Opinion and Order
Motion for Compassionate Release (Jan. 24, 2021)
Response (Mar. 8, 2021)
Opinion and Order (April 12, 2021)
Compassionate Release Motion (June 30, 2020)
Government Response on Opposition (July 27, 2020)
Reply (Aug. 31, 2020)
Def's Supplement to Motion (Jan. 27, 2021)
Def's Supplemental Reply (Apr. 16, 2021
Order (June 4, 2021)
