Archive September 2021

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We Are the Ones We've Been Waiting For

This quote embodies the sentiment shared last weekend at the NAPD Women's Conference. Nearly a thousand women in public defense - across all professions - gathered to share in our passions, our triumphs and our hardships. 

NAPD Remembers Marshall J. Hartman, a Public Defense Trailblazer

On September 21, 2021 Marshall J Hartman died.  To say he was a giant in the public defense world is not hyperbole, but not nearly enough.  A winner of many well-deserved awards, he graduated from the University of Chicago Law School in 1957 and began his remarkable career when he was hired as the only lawyer probation officer at the Juvenile Court of Cook County. He was promoted to assistant to the presiding judge of the juvenile court and ultimately head of the legal department.

Lange v. California: Pursuit of misdemeanor suspect does not always justify warrantless entry into home

Police pursuit of a fleeing misdemeanor suspect does not automatically create exigent circumstances to enter a home without a warrant, the U.S. Supreme Court held June 23 in Lange v. California.

Johnson v. Guzman Chavez: Supreme Court limits release on bond for some noncitizens seeking withholding of removal

Noncitizens who were removed from the U.S., later reentered illegally, were subject to reinstated removal orders, and who then sought withholding of removal based on fear of persecution, are not entitled to release on bond, the Supreme Court held June 29 in Johnson v. Guzman Chavez.

Dunn v. Reeves: State court did not apply per se rule that failure to call trial counsel to testify defeats ineffective assistance claim

The Eleventh Circuit erred in finding, on habeas review, that Alabama courts had adopted a per se rule that failure to call trial counsel to testify defeats an ineffective assistance claim, the U.S. Supreme Court held July 2 in Dunn v. Reeves.

Remembering 9/11

On the evening of September 10, 2001, I was a public defender at the Legal Aid Society working the night shift in arraignment court in Manhattan. My shift ended at 1:00 a.m. and I had to be back in court the next morning. While I was supposed to be at the office by 9:00, I had taken the files I needed for the next day home with me so that I could head directly to court where most judges didn’t take the bench until 9:30.