The crisis in public defense in Louisiana has been well-documented by the news media over the past several years. Stories of overloaded public defenders, unrepresented individuals languishing in jail, and mass pleas have shocked the nation’s conscience, but the system’s shortcomings have long evaded reform. However, much coverage of the public defense crisis in Louisiana, the state with the highest incarceration rate in the nation, has focused its attention on the consequences of the crisis rather than its causes. [Released March 2017]
Order of Dismissal Following Grand Jury Abuse in a case involving involuntary manslaughter for the death of a child on a waterpark slide the Attorney General claimed was the result of negligence from the water park in the design, engineering, and construction of the attraction, billed as the tallest water slide in the world.
Brief Amici Curiae of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation in Support of Appellant’s Petition for Panel Rehearing and Rehearing En Banc
Argument: The petition presents a constitutional issue of exceptional importance because the panel decision excuses “systemic negligence” in the digital age. Rehearing is warranted to ensure that extra-jurisdictional warrants comply with the laws where evidence is search or seized. Rehearing is warranted to clarify that the good-faith exception does not apply to warrants void for lack of jurisdiction where the agency obtaining the warrant was or should have been aware of the defect.