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Showing 1 - 4 of 4 results
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant’s Petition for Rehearing and Rehearing En Banc
Argument: The panel’s decision is inconsistent with background principles of forfeiture, congressional intent, Supreme Court precedent, and constitutional limitations. Neither Section 924(D) nor Section 853(P) permits entry of a money judgment as “substitute property” subject to forfeiture
Motion for Leave to File Brief as Amicus Curiae and Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)
Argument: Removing barriers to the effective administration of justice has long been a priority for this court. The high costs imposed on the wrongfully accused are a barrier to the effective administration of justice. When the burden is too great on the innocent, Americans pick up the tab. Jails are not free. Taxpayers will pay more to jail the innocent than the cost of pre-trial release. The impact of pre-trial detention has an economic ripple effect. Collateral consequences of pre-trial detention erode the administration of justice.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners (On Petition for a Writ of Certiorari to the Supreme Court of Indiana)
Argument: In refusing to analyze whether the excessive fines clause applies to the states, the Indiana Supreme Court ignored its obligation to enforce the U.S. Constitution. The abuse of civil asset forfeiture by states like Indiana underscores the practical importance of this case.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners
Argument: State courts may not discriminate against federal defenses. The Supremacy Clause requires state courts to adjudicate federal law when applicable. Where state courts have attempted to escape their constitutional duty to apply federal law, this Court has repeatedly held them accountable. Federal defenses based on incorporation are not exempt from the non-discrimination rule.
