On Our Radar: October 12, 2022

Note: The views and opinions expressed in the items listed do not necessarily reflect the views or positions of NAPD.   We are back with NAPD's On Our Radar blog series, where we let you know about new projects, new publications, and other […]

NAPD Honors Indigenous Peoples Day

NAPD honors Indigenous Peoples Day, recognizing the challenges and trauma that Indigenous communities have faced for centuries, and the fortitude, strength, and brilliance they contribute to this world. As Public Defenders, we invite you to join a growing movement of […]

On Our Radar: September 1, 2022

Welcome to NAPD's On Our Radar blog series, where we let you know about new projects, new publications, and other interesting tidbits that may be relevant to your interests and your work in public defense. At least once per month, […]

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 […]

U.S. v. Zubaydah and FBI v. Fazaga: State secrets privilege prevents disclosure of national security information

The Supreme Court upheld use of the “state secrets privilege” to allow the Government to prevent disclosure of information it claimed would harm national security, in a pair of cases decided in early March.   In U.S. v. Zubaydah, decided March […]

U.S. v. Tsarnaev: District court did not abuse discretion in limiting general media question during voir dire, and excluding “confusing” mitigating evidence in penalty phase

The district court did not abuse its discretion in refusing to ask prospective jurors what facts they had learned from the media in the Boston Marathon bombing case, the U.S. Supreme Court held March 4 in United States v. Tsarnaev.    […]

Hemphill v. New York: Confrontation Clause bars testimonial hearsay even if necessary to correct misleading impression created by defense

Admission of an unavailable witness’ guilty plea transcript violated the defendant’s confrontation rights, even if the transcript corrected a “misleading impression” created by the defendant’s evidence, the U.S. Supreme Court held January 20 in Hemphill v. New York.   Facts   […]

City of Tahlequah v. Bond and Rivas-Villegas v. Cortesluna: Officers entitled to qualified immunity in excessive force cases

The U.S. Supreme Court opened its October 2021 Term by holding that police officers were entitled to qualified immunity in two cases involving claims of excessive force.   The officers were entitled to qualified immunity because there was no Supreme […]

Garland v. Ming Dai: Federal appellate court need not accept noncitizen’s testimony as “true” in immigration appeals

A federal appellate court in immigration appeals need not accept a noncitizen’s testimony as “true” in the absence of an explicit adverse credibility determination by the immigration judge or Board of Immigration Appeals, the U.S. Supreme Court ruled June 1 […]

U.S. v. Cooley: Tribal police officer can temporarily detain non-Native American on reservation for violation of state or federal law

A tribal police officer can temporarily detain a non-Native American person traveling through a reservation for potential violation of state or federal law, the U.S. Supreme Court held June 1 in United States v. Cooley.   Joshua Cooley was parked by […]