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Archive July 2019

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Rehaif v. United States: Federal gun law requires Government to prove defendants knew they possessed a firearm and knew their status prohibited them from possessing it

The “knowingly” element of the federal gun law that prohibits certain people – such as aliens and those convicted of felonies – from possessing firearms requires the Government to prove that a defendant both knew he possessed the firearm and knew of his relevant status when he possessed it, the U.S. Supreme Court held June 20 in Rehaif v. United States.

We Who Believe in Freedom

On July 18, 2019 a Lafayette judge ordered man's mouth duct-taped during sentencing hearing and then threatened to hold attorney in contempt for allegedly trying to record this outrageous behavior.

Voting Rights for All

If asked, most people would say that the right to vote is fundamental - that it is a right so precious that it should be protected at all costs.  But today, according to the Sentencing Project, an estimated 6.1 million Americans are denied the right to vote because of a felony conviction, a number equivalent to 2.5% of the U.S. voting-age population.

Gundy v. United States: Supreme Court upholds Attorney General ability to apply SORNA to pre-Act offenders (for now)

The federal Sex Offender Registration and Notification Act’s provision that gives the Attorney General authority to determine how to apply registration requirements to people convicted before the Act is not an unconstitutional delegation of legislative authority, a plurality of the Supreme Court ruled June 20 in Gundy v. United States.

Aider & Abettor Interviews Chesa Boudin

The Aider & Abettor episode featuring special guest Chesa Boudin, an accomplished #publicdefender running for San Francisco DA, is up! Chesa talks about his path to public defense, his lifelong battle against mass incarceration, his decision to run for DA and his visions for criminal justice reform.

What can I do about that?

NAPD began as people looking for answers to a lot of question public defenders were having.  From the beginning, NAPD has tried to create itself to answer those questions and others that would come up over the next almost 6 years.  The below is not exclusive, but hopefully can alert you to what NAPD has to offer.

CLOSING ARGUMENTS CONTINUE: DOUG WILSON UP NEXT

Bob Boruchowitz's contribution to NAPD's "Closing Arguments" webinar series is now available. Next up? Doug Wilson on August 29th at noon!

McDonough v. Smith: Statute of limitations for Section 1983 fabricated-evidence claim begins to run when prosecution is terminated

The statute of limitations for a §1983 suit against a prosecutor for fabricating evidence began to run when the plaintiff was acquitted in their criminal case, the U.S. Supreme Court held June 20 in McDonough v. Smith.

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

On June 3, 2019, the NAPD Fund for Justice, Inc. Board of Directors inducted Norman Lefstein into the NAPD Fund for Justice Public Defense Hall of Fame. The NAPD Fund for Justice Public Defense Hall of Fame recognizes men and women like Norm who have devoted a lifetime of creative leadership that advanced the right to counsel in a systematic way. It honors someone whose life, amidst struggles and setbacks, is a resilient, hopeful marathon of fierce and creative advocacy.

 

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