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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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Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 12 of the Federal Rules of Criminal Procedure.
Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed rule changes to the Federal Rules of Appellate Procedure.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant (on petition for rehearing)
Argument: Rehearing is warranted to preserve the clarity and integrity of circuit precedent because the District Court’s decision to remove Juror 9 was inextricably intertwined with Juror 9’s self-declared status as “odd man out” in deliberations. The District Court failed to make the required factual findings to support “good cause” removal for mental or physical incapacity. The District Court made no factual finding that Juror 9 had a mental incapacity that precluded him from continuing to deliberate. The District Court made no factual findings that could support the dismissal of Juror 9 for physical incapacity.
