Pugin v. Garland: Noncitizens are removable for felony obstruction offenses that don’t require a “pending” investigation or proceeding

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender              Noncitizens convicted of an “aggravated felony” “relating to obstruction of justice” are removable even if their obstruction offense did not require that an investigation or proceeding be […]

Lora v. United States: Some federal firearms convictions do not require consecutive sentences

Lora v. United States: Some federal firearms convictions do not require consecutive sentences   By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender              The federal gun statute, Sec. 924(j), which imposes certain penalties if a person […]

154 – Putting the Genie Back in the Bottle: Why the Use and Expansion of RICO is Bad w Martin Sabelli

Today, Hunter is once again joined by former NACDL President Martin Sabelli to discuss the criminal charge that everyone is talking about, RICO. As with many laws on the books, RICO started out designed to target a specific group of […]

153 the coalition fighting to end the trial penalty

Despite being the bedrock of our criminal legal system, “the jury trial is an exceptional rather than a commonplace outcome.” Today, Hunter is joined by Martin Sabelli and Nathan Pysno to discuss somethings leading to the erosion of the jury […]

Smith v. United States: Double Jeopardy does not bar retrial of case tried in wrong venue or district

Smith v. United States: Double Jeopardy does not bar retrial of case tried in wrong venue or district   By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender   Double Jeopardy does not bar retrial of a case […]

Dubin v. United States: Supreme Court limits scope of “aggravated identity theft”

Dubin v. United States: Supreme Court limits scope of “aggravated identity theft”    By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender   The federal sentencing enhancement for “aggravated identity theft” requires that the misuse of another person’s […]

152: The Political and Personal Agenda Behind Governor DeSantis’ Removal of State Attorney Monique Worrell w Andrew Darling

In the past few weeks, Florida Governor Ron DeSantis decided to abuse his powers once again as the head of state and remove an elected State Attorney. This time, the 9th Judicial Circuit State Attorney Monique Worrell landed in Governor […]

Dupree v. Younger: Posttrial motion not needed to appeal purely legal issue denied by summary judgment before trial

Dupree v. Younger: Posttrial motion not needed to appeal purely legal issue denied by summary judgment before trial   By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender   Purely legal issues resolved at summary judgment do not […]

151: Without Trust Between Client and Counsel, Litigation is Limited w Alexander Kostal

Trust between Public Defenders and the communities they serve has been a long running theme of the show. The benefits of such a trusting relationship seem obvious, but today, Hunter spoke with Wisconsin Public Defender, Alexander Kostal, to discuss an […]

TEXAS FAIR DEFENSE PROJECT, ACLU OF TEXAS FILE LAWSUIT FOR CIVIL RIGHTS ABUSES OF IMMIGRANTS ARRESTED UNDER OPERATION LONE STAR

AUSTIN, TX – The Texas Fair Defense Project, American Civil Liberties Union of Texas, and Covington & Burling LLP filed a lawsuit Monday over the unlawful, prolonged detention of four immigrants by two counties on the Texas border in 2021 […]