Archive June 2019

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Quarles v. U.S.: Intent to commit a crime can be formed at any time for remaining in burglary to qualify as a violent felony

“Remaining in” burglary is a “violent felony” for sentencing under 18 U.S.C. §924(e) if the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure, the U.S. Supreme Court held June 10 in Quarles v. United States.

Hamilton County (OH) Social Worker Brings High-Impact Creativity to her Advocacy

Since starting at the Hamilton County PD Juvenile Division I noticed our kids were looking pretty rough and not well groomed coming to court.  Unfortunately, appearance is everything! So I asked one of my good friends, Ernest Smith, who is a licensed barber, to do me a favor and, on his off day from the barber shop, come and cut hair for kids who are currently detained for court.

Announcing, a media training and movement building event for public defenders

This fall, up to 45 defenders from around the country will convene in Brooklyn to collaborate and develop new media and advocacy skills for use outside of the courtroom to challenge the criminal “justice” narrative and move lawmakers to change laws.

Mont v. United States: Pretrial incarceration on new offense will toll period of supervised release if new sentence gives credit for time served

A federal defendant’s period of supervised release is tolled during pretrial incarceration for a new offense, if the later new sentence credits the period of pretrial detention as time served for the new offense, the Supreme Court held June 3 in Mont v. United States.

Jeff Adachi inducted into the NAPD Fund for Justice Hall of Fame; Grants will be made in his name

On April 18, 2019, the NAPD Fund for Justice, Inc. Board of Directors created the NAPD Fund for Justice Public Defense Hall of Fame with Jeff Adachi as the first inductee. Jeff’s induction is based on his lifetime of dedicated public defense work, his fierce advocacy for clients and racial justice, and his creative communication for clients. His visionary efforts are his enduring national legacy.

Nieves v. Bartlett: Retaliatory arrest claim requires proof of no probable cause for arrest

Plaintiffs bringing a retaliatory arrest claim for exercising First Amendment rights must plead and prove the absence of probable cause for their arrest, unless they can show similarly-situated people who did not engage in protected speech were not arrested, the U.S. Supreme Court held May 28 in Nieves v. Bartlett.

Remarks from Dan Goyette's Nelson Mandela Award Acceptance Award Speech

On June 10th, 2019, Louisville Metro Public Defender Dan Goyette was awarded the Nelson Mandela Award. His acceptance speech is below as a blog post.

Dear Norm

You’ve meant more to me, personally and professionally, than you know. I was only 5 or 6 years out of law school when I started at the ABA. To debate ideas with someone of your stature was intimidating and exhilarating. I learned more about public defense from you and your writings than I did in any courtroom or lecture hall.

Bucklew v. Precythe: Execution method challenges must show State's method adds pain, and a readily-available alternative exists

An inmate sentenced to death who seeks to raise an “as-applied” challenge to his method of execution must show that the State’s chosen method adds pain, and that there is a readily-implementable alternative method that would significantly reduce a substantial risk of severe pain, the U.S. Supreme Court held April 1 in Bucklew v. Precythe.

Stand Up for Norm Lefstein

“Stand up, Scout, a great man is passin’.” I took a little liberty there from the words of “To Kill A Mockingbird... It is time for all of us to stand up for Norm Lefstein, because a great man is passing.
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