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! 




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

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. Registration closes Septemebr 3.
This one of a kind conference is developed through surveys of the registrants.   You have a say in what sessions are offered and will have multiple options during the conference.
Click here to watch as the schedule develops based on your suggestions.
Click here to see the faculty list. 
Click here to register for the Investigator Conference Track.
Click here to register for the Social Worker/Sentencing Advocate Conference Track.
Click here to make a hotel reservation at the Indianapolis Marriott Downtown.

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

January 17, 2018: The 2018 NAPD Investigators Conference and 2018 Social Workers & Sentencing Advocates Institute (March 26-29, 2018 in Denver, CO) are now at full capacity and closed for registration. A wait list is being developed.

November 28, 2017: NAPD has uploaded videos of the presentations from the 2017 NAPD Workloads Conference in St. Louis (held November 17-18). Members can access these valuable presentations on MyGideon by logging into their NAPD account.