Archive August 2018

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Pereira v. Sessions and Trump v. Hawaii SCOTUS Recaps

In Pereira v. Sessions, decided June 21, the Court held that a notice which does not include the specific time and place of the removal proceedings does not trigger the stop-time rule. In an immigration case that received wide publicity, Trump v. Hawaii, decided June 26, a 5-4 majority upheld President Trump’s authority to issue a proclamation restricting entry of noncitizens from certain countries. 

Aider & Abetter Podcast "Gag Order" Now Available

Avi returned from paternity leave to join me for a discussion about a Cleveland, Ohio Judge, John Russo, and his decision to duct tape the mouth of Franklyn Williams, an African-American defendant who continuously spoke up during a sentencing hearing for various felony convictions in Russo's courtroom.

Enemies Within

As a public defender, we have a lot of fights to fight. The great and oppressive Machine of the State, first and foremost. Our clients, sometimes (if I had a nickel for every awesome plea I worked out, only for my client to fail to appear…I’d have at least $20).  Compassion fatigue. Financial pressure. Student loan debt. Personal burnout. But the worst fights I’ve had to fight are the ones inside the gates: the other lawyers in my office.

Sexton v Beaudreaux

Sexton v. Beaudreaux:  Supreme Court again chastises Ninth Circuit for insufficient deference to state court in federal habeas

Currier v Virginia: Not so straightfoward

Greg continues his series of recent Supreme Court decision analysis with Currier v Virginia.

Supreme Court Decides Federal Sentencing Guidelines Cases

Greg.Mermelstein analyzes the four opinions issued in June by SCOTUS related to Federal Sentencing Guidelines.

This is a Must Read: Tell the Client's Story (Edward Monahan and James Clark, editors)

Gregg v. Georgia was one of several cases that came down from the Supreme Court on July 2, 1976, reinstituting the death penalty in the US.   Kentucky responded by passing a death penalty bill almost identical to the Georgia statute approved in Gregg.  Kentucky’s death penalty was back in business. 


Due to overwhelming demand, NAPD will again offer this comprehensive Investigator and Social Worker/Sentencing Advocate training experience! 




December 15, 2018: Registration is now open for NAPD's Spring Events:
  • Executive Leadership Insitute (Frankfort, KY)
  • Train the Trainer (Frankfort, KY)
  • "We the Defenders" Investigators Conference (Biloxi, MS)
  • "We the Defenders" Social Workers/Sentencing AdvocatesConference (Biloxi, MS)
  • Team Mitigation Institute (Atlanta, GA)
Click on Events Tab for more info and to register.

October 30, 2018: NAPD releases a video about its achievements over the 5 years since forming in November in 2013. This films was coordinated by NAPD Steering Committee Member and San Francisco Public Defender Jeff Adachi and debuted at the Racial Justice Training and 5 Year Celebration in Baltimore, Maryland. You can watch the video HERE

July 1, 2018: General Registration opens for the “WE THE DEFENDERS” TRAINING CONFERENCE,  November 26-29, 2018, Indianapolis, IN

You can watch a video about the event HERE 

Due to overwhelming demand, NAPD will again offer this comprehensive Investigator and Social Worker/Sentencing Advocate training experience! The program will include one track for Investigators and a separate track for Social Worker/Sentencing Advocates.  Hear from nationally recognized experts who will share their knowledge on a wide range of topics relevant to the work you do each and every day.  Network with other criminal defense practitioners from around the country and find your tribe. 

January 23, 2018: In response to US Attorney General Jeff Session's reversal of prior policy on the imposition of fines and fees for criminal defendants, NAPD submitted the following letter on behalf of the public defender community. You can read the letter HERE