Brief Amicus Curiae The National Association of Criminal Defense Lawyers in Support of Petitioner (in support of petition for writ of certiorari).
Argument: Cross-examination ensures the integrity of the adversarial process. The appointment of standby counsel is the most appropriate means to solve the problems that this court has acknowledged with pro se representation in criminal courtrooms.
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner and Supporting Reversal.
Argument: In deciding when to impose a “strike,” Congress incorporated the well-established merits-based distinction between a with-prejudice dismissal and a without-prejudice dismissal. Treating a dismissal without prejudice as a strike undermines the Judiciary’s inherent equitable power to leave the courthouse doors open to meritorious claims brought by indigent prisoners. Treating a without-prejudice dismissal as a strike penalizes poor prisoners for proceedings pro se and stifles meritorious claims.