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Archive September 2018

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Me too?

But I find myself wondering if there is a place for me in the #metoo movement. I have dedicated my career and, really, my life to demanding more and better evidence- to telling prosecutors that they don’t have enough, telling juries that the conclusions drawn by the State are not reasonable, that the Complainant isn’t credible, that the story doesn’t add up, that the Defendant doesn’t deserve the punishment being handed down.

Brett Kavanaugh, Teen Crime & The Trajectory of Juvenile Justice Reform.

Some thoughts on the budding controversy surrounding United Supreme Court nominee Brett Kavanaugh and his alleged sexual assault of Christine Blasey Ford over 35 years ago when he was 17 years old.

Freedom For Sale

In North Carolina, as elsewhere in the nation, there is growing recognition that money bail unfairly penalizes indigent defendants by incarcerating them for months or even years to wait for their trial while comparable wealthy defendants walk free as they await trial.

Supreme Court Concludes October 2017 Term

The Supreme Court concluded its October 2017 Term with some last opinions relating to criminal law and civil rights, including Minnesota Voters Alliance v. Mansky,  Ortiz v. United States, Lozman v. Riviera Beach, and Sause v. Bauer.

An Interview with Lane Borg

Lane Borg was recently appointed the Executive Director of the Oregon Office of Public Defense Services. This interview details his experience, vision and information about Oregon's program. Congrats Lane!

Called Out for Client Centered Representation; Please Do So Again

Recently, our office was called out by the prosecution in an appellate brief for our office’s philosophy of client centered representation and, why, in the opinion of that prosecutor, client centeredness was not the proper representation basis for our office.  His basic argument was since lawyers  are the experts in the law, clients have a duty to take the advice of the lawyer and the lawyer does not have a duty to consider the client’s desires other than the most basic of what plea to enter, whether to testify or not, and whether to have jury trial or not. 

Carpenter v. U.S.: Obtaining Cell Phone-Site Information from Third-Party Service Providers is a Search that Requires a Warrant

The Government’s obtaining of cell phone-site information from third-party service provides is a “search” under the Fourth Amendment, and requires a warrant based on probable cause, the U.S. Supreme Court held June 22 in Carpenter v. U.S..

Contributors

Contributors

NAPD News

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.
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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

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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. 
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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
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