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Letters to the House and Senate Judiciary Committees on Reporters’ Shield Legislation (March 2009)
The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.
Smith v. Cain
Amicus curiae brief of the National Association of Criminal Defense Lawyers.
Argument: The Louisiana Supreme Court erred in failing to grant post-conviction relief where the prosecution suppressed a clutch of exculpatory and impeachment evidence and the confession of another suspect where the petitioner’s conviction hung on a single eyewitness and there was no physical evidence linking him to the crime. The cumulative effect of the Brady/Napue/Giglio violations sufficiently undermine confidence in the jury’s verdict as to warrant a new trial.