NACDL President Chris Adams' letter to the New York state legislature regarding proposals to truly implement review of excessive sentences, suppression rulings, and streamlining the assignment of counsel in appeals as outlined in A5687/S1280, A5688/S1281, and A5689/S1279, respectively (2021).

Comments with FAMM to Deputy Attorney General Lisa Monaco regarding U.S. Attorney offices requiring waiver of the right to seek compassionate release during plea negotiations.

Comments to the Judicial Conference Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 3(c) and 42(b) of the Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure, except those related to criminal forfeiture.

Brief for Idaho Association of Criminal Defense Lawyers and National Association Of Criminal Defense Lawyers as Amici Curiae in Support Of Petitioner (on petition for writ of certiorari).

Argument: Appellate waivers are pervasive and call for special scrutiny. Judges routinely make serious mistakes in describing appellate waivers at plea hearings and the adverse consequences are severe. The errors are numerous and widespread. The errors have extreme ramifications.

Brief of the Idaho Association of Criminal Defense Lawyers and the National Association of Criminal Defense lawyers as Amici Curiae in Support of Petitioner.

Argument: A presumption of prejudice is appropriate because defendants often succeed on appeal despite waivers. Defendants often succeed on appeal based on issues beyond the scope of their particular waivers. Defendants often succeed on appeal even on claims within the scope of a waiver. The decisions below ignores the potential for meritorious claims even in cases involving appeal waivers. Postconviction proceedings are not an adequate substitute for direct appellate review. Claims that are not raised on direct appeal generally cannot be raised in postconviction proceedings. Higher standards apply in postconviction proceedings. There is no constitutional right to counsel in postconviction proceedings.

Brief for the National Association of Criminal Defense lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)

Argument: This case presents an important question of federal criminal procedure on which national uniformity is needed. Please agreement procedure is fundamental to modern criminal procedure. The increasing frequency of appellate waivers in plea agreements underscores the need for the Court’s intervention. The circuit split over the reach of appellate waivers warrants this court’s review. This case offers an appropriate vehicle for resolving an entrenched circuit split. The appellate waiver at issue is typical. The appellate waiver at issue is squarely presented for the Court’s review.