Gonzalez v. Trevino:  Fifth Circuit too narrowly applied “Nieves exception” to bar retaliatory arrest claim

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Fifth Circuit too narrowly applied the “Nieves exception” to bar a retaliatory-arrest claim where the plaintiff was able to show objective evidence that similarly situated people were […]

How a Person Can Get Evicted for being the Victim of a Crime too Many Times w/Alex Kornya

Today, Hunter is joined once again by Alex Kornya to discuss the intersection between the criminal and civil legal systems. Last time, Alex detailed how fines and fees abuse people in the criminal and civil legal systems, and today, Alex […]

How the Junk Science “Excited Delirium” Shields Cops From Accountability w/Rachel Kincaid

Today, Hunter is joined by Professor Rachel Kincaid to talk about her recent law review article about the junk science excited delirium. Through her research, we can trace how this science steeped in racism has been able to infect the […]

Investigator

Join Michigan’s State Appellate Defender Office (SADO) as an Investigator working statewide to represent people as they appeal their felony convictions. We focus on our clients as people and actively work to challenge injustices and disparities in the criminal legal […]

McIntosh v. United States:  Failure to comply with Rule 32 requiring preliminary order of forfeiture before sentencing does not bar forfeiture

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            Even though Rule 32.2 requires a district court to enter a preliminary order of forfeiture before sentencing, failure to do so does not bar the court from ordering […]

NAPD Welcomes Mary Hotovy Membership & Core Staff Resource Coordinator

NAPD extends a warm welcome to Mary Hotovy, our new Membership and Core Staff Resource Coordinator. Mary brings with her over twenty years of dedicated experience in government and non-profits. Throughout her diverse career, Mary has always defined herself as […]

Seventh Amendment requires jury trial when Government seeks punitive civil damages, not adjudication by administrative agencies

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            When the Government seeks punitive civil damages, the Seventh Amendment mandates a jury trial, not an administrative proceeding, the U.S. Supreme Court held June 27 in Securities and […]

Smith v. Arizona:  Expert’s reliance on another expert’s work for their opinion is “for the truth” and implicates Confrontation Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender When an expert witness testifies to an absent lab analyst’s factual assertions to support his own opinion, the absent analyst’s statements are being offered for “the truth of the […]

Snyder v. U.S.:  Federal corruption statute doesn’t prohibit “gratuities” to state and local officials

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits state and local public officials from corruptly accepting anything of value with the intent to be influenced or rewarded for an official act […]

Strengthening Defense Teams: NAPD’s Team Mitigation Institute

The National Association for Public Defense (NAPD) recently hosted their Team MitigationInstitute in Seattle, Washington. This intensive, multidisciplinary event brought together publicdefenders from across the country to hone their skills in developing and implementing effectivemitigation strategies for their clients. The […]

Thornell v. Jones:  Federal courts cannot ignore weighty aggravating evidence in applying Strickland prejudice standard

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Ninth Circuit improperly ignored the weight of aggravating evidence in finding that a death-sentenced defendant was prejudiced under Strickland’s standard for ineffective assistance of counsel, the U.S. […]

Transforming the Workplace Culture at a Defender Organization: A Journey of Emotional Intelligence and Bias Awareness

In the demanding world of public defense, where social workers and attorneys tirelesslyadvocate for marginalized populations, the importance of emotional intelligence in the workplacecombined with a supportive environment cannot be overstated. Over the years, my work withvarious organizations has been […]

U.S. v. Rahimi:  Prohibiting persons with domestic violence restraining orders from possessing guns doesn’t violate Second Amendment

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits people subject to domestic violence restraining orders from possessing a firearm if they are a “credible threat” to the safety of their partner […]

Update on the Census and Survey of Public Defender Offices

NAPD is part of the teams working on two major research projects from the U.S. Department of Justice, Bureau of Justice Statistics (BJS): the Census and Survey of Public Defender Offices. BJS has recently shared updates on each project. The […]

We the Defenders Detroit: A Catalyst for Change in Public Defense

The recent NAPD We the Defenders Conference in Detroit was more than just a gathering; it was a revitalizing force for the public defense community. Bringing together 265 dedicated professionals, including investigators, mitigation specialists, social workers, paralegals, and other essential […]

We the Defenders Detroit: Detroit is the phoenix born from the ashes anew

D-town was the perfect spot to hold this training.  Forget what you heard, Detroit is the phoenix born from the ashes anew.  There is a palpable hope that resonates through every business and resident here.  Detroit has become one of […]