The National Association of Criminal Defense Lawyers (NACDL) is pleased to submit our comments on the proposed amendment to Rule 801 of the Federal Rules of Evidence. NACDL enthusiastically supports this proposal.

NACDL is pleased to submit our comments on the proposed amendments to Rule 29 of the Federal Rules of Appellate Procedure and to Appeals Form 4. Overall, the theme of our comments is that the proposals appear to over-look the particular characteristics of federal criminal and related appeals, and would impose unwarranted burdens on many amici and on the judiciary itself in the great majority of appeals where the concerns that animate the proposals do not arise.

On December 1, 2024, important changes took place to the Federal Rules of Evidence:  A brand-new Rule (FRE 107-Illustrative Aids) and three amendments that impact our practice became effective (FRE 613(b)-Extrinsic Evidence of a Prior Inconsistent Statement; FRE 804-Statements Against Interest; and FRE 1006-Summaries to Prove Content).  This presentation discusses the substance of those amendments, ways we can use them to our advantage, and traps to be avoided.  This presentation also previews changes that are in the works in the world of federal evidence.

Brief for the National Association of Criminal Defense Lawyers as Amicus Curiae Supporting Petitioner

This second of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

This first of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

Presented by Rene Valladares, Federal Public Defender, District of Nevada

The law of expert evidence has experienced significant recent developments.  This presentation will discuss the recent amendment to Federal Rule of Evidence 702 (experts) and what we as criminal defense lawyers can do to take advantage of the amendment (especially when it comes to excluding government sponsored expert evidence).  The presentation will also cover the recent Supreme Court decisions in Diaz v. United States (opinion on ultimate issue), and Smith v. Arizona (Confrontation Clause).

Presented by Rene Valladares, Federal Public Defender for the District of Nevada

This second of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

This first of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

Rene Valladares, Federal Public Defender, District of Nevada, covers the top 12 most frequently encountered foundation scenarios, including phone calls, character evidence, refreshing recollection, tangible evidence, business records, etc.

Rene Valladares provides a roadmap for identifying and developing strategies for the evidence issues all defense lawyers face – including a framework to addressing relevance/prejudice, character/bad acts, privileges, opinion testimony, and more!

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).

On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.