242 | Eve Primus: The Hollowing Out of Miranda Rights, and What we Can Do About it

Today, Hunter is joined once again by University of Michigan Professor of Law Eve Primus. So far, Eve and Hunter have discussed Public Defender Systems, Structures, and how Law Schools can do better at getting students interested in Public Defense. […]

248 | Scarlett Lewis: After Her Son was Murdered at Sandy Hook, One Mother’s Fight to Reduce Violence by Choosing Love

Today, Hunter sat down for a powerful conversation with Scarlett Lewis. Scarlett’s son Jesse Lewis was one of the children murdered in the Sandy Hook school shooting. In the wake of this tragedy, Scarlett grappled with the grief, sadness, and […]

Advocacy Beyond the Verdict- Inside NAPD’s Team Mitigation Institute in NYC

In the challenging world of public defense, there’s a growing emphasis on holistic, team-based mitigation. The idea is simple yet powerful: to move beyond the narrow focus on a client’s guilt or innocence and tell the full, nuanced story of […]

Alameda County Public Defender Brendon Woods on His CNN Interview about Kamala Harris

Last week CNN aired part of an interview filmed with me a few weeks ago about Vice President Kamala Harris’s bid for the presidency. It can be viewed at this link.  I appreciate that CNN sought out the voice of a Public Defender […]

Anthony Benedetti: NAPD’s Newest President

Anthony Benedetti has been part of NAPD since its earliest days. In 2013, when the organization began as the National Association for Public Defense with only 30 members, no funding, no staff, and no structure – just a passionate group […]

As States Criminalize LGBTQ+ People, How can Lawyers Fight Back? w/Richard Saenz

In just this past year, there have been over 400 anti-LGBTQ+ bills proposed in state houses around the country. Many have no hope of passing, but some will end up creating new was to criminalize and ostracize already vulnerable members […]

Assistant Federal Public Defender

  THE POSITION: The Federal Public Defender Office for the Districts of Massachusetts, New Hampshire, and Rhode Island is hiring an experienced trial attorney to be full-time Assistant Federal Public Defender (AFPD) in its Boston, Massachusetts office. The successful applicant […]

Barnes v. Felix:  Supreme Court rejects “moment-of-threat” rule in police shootings

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Courts must consider the totality of circumstances – not just circumstances during the “moment of threat” — in determining whether police use of deadly force is objectively reasonable […]

Bondi v. Vanderstok:  AFT regulations of “weapon part kits”  are not facially invalid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal regulations requiring that “weapon part kits” comply with the licensing, record-keeping and background check requirements of the Gun Control Act are not facially invalid, the U.S. […]

Bouarfa v. Mayorkas:  Homeland Security’s discretionary authority to revoke a previously-approved visa application is not subject to judicial review

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The statute which states that the Secretary of Homeland Security “may, at any time” revoke prior approval of a visa petition “for what he deems to be good […]

Brown v. United States:  Removal of drug from federal schedules after state offense doesn’t preclude liability under ACCA

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            A state crime counts as a “serious drug offense” under the Armed Career Criminal Act it if involved a drug that was on the federal schedules when a […]

Campos-Chaves v. Garland:  In absentia removal orders cannot be rescinded if noncitizen received any notice to appear

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender Holding Dissent

Chiaverini v. City of Napoleon:  Malicious prosecution suit can be brought for no-probable-cause charge even if other charges are valid

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Plaintiffs who are charged with multiple offenses – only one of which lacks probable cause – can still bring a malicious prosecution claim for the no-probable cause charge, […]

Culley v. Marshall:  Separate preliminary hearing not required in forfeiture cases, but five justices suggest other forfeiture challenges

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Due process does not require a separate preliminary hearing to determine whether the Government may retain property before a pending forfeiture hearing, the U.S. Supreme Court held May […]

Delligatti v. U.S.:  Crimes of omission qualify as “crimes of violence” under ACCA

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Causing bodily injury by omission qualifies as a “crime of violence” under the Armed Career Criminal Act Sec. 924(c)(3)(A), the U.S. Supreme Court held March 21 in Delligatti […]

Dep’t of State v. Munoz:  Constitution doesn’t require noncitizen spouses be admitted to U.S

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            There is no constitutional right for a spouse to have their noncitizen-spouse admitted into the country, the U.S. Supreme Court held June 21 in Department of State v. […]