Archive May 2022

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Patel v. Garland: Courts cannot review factual findings denying discretionary relief from removal of noncitizens

Federal courts cannot review factual findings that underlie a denial of discretionary relief from removal of noncitizens, the U.S. Supreme Court held May 16 in Patel v. Garland.

Public Defenseless Features Jon Rapping of Gideon's Promise

Jon Rapping, Founder and Executive Director of Gideon's Promise plays a massive role in shaping the training, thinking, and most importantly, culture of the next generation of great Public Defender leaders. Take a moment today to think about how we can keep pushing the positive work the Rap and his team have embarked on over the past decade plus, so that together, we can be the generation of Public Defense that fulfills Gideon's Promise. 

Public Defenseless Episode Is Arguably Most Powerful Episode Yet

I have spoken with some titans in the Public Defender world. Chief Defenders, Defenders who have been fighting for change for decades, and yet I hold this conversation to hold arguably more potential then all of them. Why? Because Rocky and Paul have found a way to create more of the one thing all Public Defenders are lacking: time.

Detroit Extends Right to Counsel to Persons Facing Eviction

Last week, my hometown of Detroit added itself to the list of jurisdictions codifying this right to counsel, in recognition of the stark trends of inequity amongst landlords and tenants in accessing civil representation, as well as the significant detrimental impacts of housing instability and homelessness on low-income populations. 

Public Defenseless Explores Appellate Advocacy

Frances Smiley-Brown previously served as a as Appellate Public Defender and Chief Administrative Officer for the Colorado State Public Defender Office, and I was thrilled to speak with her about those experiences. 

Public Defenseless: A Podcast with Aisha McWeay

With the large majority of people going through the criminal processing system being young men, we often forget the unique challenges that women, and especially mothers face in our criminal processing system.

Thompson v. Clark: Malicious prosecution claim does not require showing prior prosecution was dismissed due to innocence

A plaintiff alleging a claim for malicious prosecution need only show his prior prosecution ended without a conviction, in order to satisfy the favorable termination element for such claims, the U.S. Supreme Court held April 4 in Thompson v. Clark.

Ramirez v. Collier: Condemned persons entitled to pastor to pray with them and touch them during execution

People sentenced to death are likely entitled to have a pastor pray with them and lay hands on them during their execution, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the U.S. Supreme Court ruled March 24 in Ramirez v. Collier.