Archive June 2022

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Shoop v. Twyford: Federal courts cannot issue transportation orders for testing unless the evidence from the tests would be legally admissible

District courts cannot issue transportation orders to enable habeas petitioners to obtain medical tests for their case, unless the petitioners first show that the evidence they hope to find will be admissible, the U.S. Supreme Court ruled June 21 in Shoop v. Warden.

Denezpi v. U.S.: Double Jeopardy’s dual-sovereignty doctrine doesn’t prohibit same sovereign from prosecuting same conduct under Native American and federal law

Double Jeopardy’s dual sovereignty doctrine doesn’t prohibit the same sovereign --- here, the federal government – from prosecuting a defendant under both Native American and federal law, the U.S. Supreme Court held June 13 in Denezpi v. United States.

Kemp v. U.S.: Rule 60(b)(1) allows relief for error-of-law mistake

The term “mistake” in Federal Rule of Civil Procedure Rule 60(b)(1) includes a judge’s error of law, the U.S. Supreme Court held June 13 in Kemp v. United States. A party may seek relief from a final judgment based on such a “mistake,” but must do so no later than one year after entry of the order under review, the Court ruled.

Supreme Court limits bond hearing rights for noncitizens in removal proceedings

The Supreme Court limited noncitizens’ right to bond hearings in removal proceedings in two cases decided June 13. In  Johnson v. Arteaga-Martinez, the Court held that Section 1231(a)(6) of the Immigration and Nationality Act (INA) does not require the Government to offer detained noncitizens bond hearings after six months, at which the Government bears burden of proving that a noncitizen poses a flight risk or danger to the community. In Garland v. Aleman Gonzalez, the Court held that Section 1252(f)(1) of INA does not permit federal courts to hear class action suits for injunctive relief brought by noncitizens seeking bond hearings while removal proceedings are pending.

NAPD Statement on the overturning of Roe v. Wade

The poor and people of color are most likely going to feel the brunt of this decision. NAPD stands ready to defend against this onslaught and decry this decision.

Plaintiffs cannot bring “Bivens actions” for damages for Fourth Amendment violations at the U.S. border, or for First Amendment retaliation, the U.S. Supreme Court held June 8 in Egbert v. Boule.

Plaintiffs cannot bring “Bivens actions” for damages for Fourth Amendment violations at the U.S. border, or for First Amendment retaliation, the U.S. Supreme Court held June 8 in Egbert v. Boule. The Court suggested that Bivens itself should be overruled in a future case.

Public Defenseless Features the Aurora (CO) Municipal Public Defender Program

It is one thing to have a functioning public defender office, staffed at the proper levels, with adequate caseloads, fighting for your clients in court. It is an entirely different battle to fight for policy changes with legislators and policy makers in State Houses, Congress, or any other place that policy makers work.

Barry Jones' Lawyer and Investigator Talk with Public Defenseless

There is no greater injustice than the wrongful conviction, incarceration, and execution of an innocent person. Yet, the Supreme Court has repeatedly held that actual proof of innocence is not enough to stop an execution.

Juneteenth Statement of Power and Honor

Juneteenth is an opportunity to both educate and honor. It is a holiday that resoundingly emphasizes that history matters. That, in order to overcome, one has to define what we “overcame.”

The Innocence Project + Public Defenseless Podcast

After decades of indoctrination from movies, TV, and media, the average American likely believes that the evidence used in a court of law is mostly grounded in solid science. To enter into the halls of court rooms around the country, surely, there is a rigorous process to ensure the evidence in a court case is vetted before deciding the fate of people's lives....right?
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