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 […]

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 […]

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 […]

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Campos-Chaves v. Garland:  In absentia removal orders cannot be rescinded if noncitizen received any notice to appear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

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. […]

Diaz v. U.S.:  Expert testimony on “most” people’s mental state does not violate Rule 704(b) – Jackson and Gorsuch suggest ways for defense to use or limit ruling

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Expert testimony that “most” drug couriers know they are transporting drugs does not violate Rule 704(b)’s prohibition on testimony about a defendant’s mental state, because the expert testimony […]

DIRECTOR, FEDERAL CAPITAL HABEAS PROJECT

The Federal Capital Habeas Project (“§ 2255 Project”) is seeking a new Director. The Project was created to identify, assist and consult with counsel for federal death- sentenced prisoners pursuing post-conviction remedies. The § 2255 Project recruits and recommends counsel […]

Erlinger v. U.S.:  Juries, not judges, must decide if prior convictions happened at separate times

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Sixth Amendment right to a jury trial requires that juries, not judges, decide if prior convictions happened at separate times to trigger lengthier prison terms under the […]

Fischer v. United States:  Sarbanes-Oxley obstruction statute requires destruction of documents or records; doesn’t apply to general conduct of “January 6” defendants

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute making it unlawful to “otherwise” obstruct an official proceeding applies only to destruction of documents, records or objects, not to the conduct of the “January […]

Garland v. Cargill:  ATF exceeded statutory authority in banning bump stocks

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The ATF lacked statutory authority to ban bump stocks because they do not meet the statutory definition of “machine guns” the U.S. Supreme Court ruled June 14 in […]

Giving Tuesday – Fund For Justice

If you prefer donating through Facebook – https://www.facebook.com/share/p/1GgH6kePWn/ The NAPD Fund for Justice will be funding scholarships for defenders and defender staff for leadership and skills programs, technical assistance to local defender programs on issues such as reducing workloads, obtaining […]