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Publication • August 9, 2016
State of Injustice - How New York State Turns its Back on the Right to Counsel for the Poor, NYCLU, 2014 STATE OF INJUSTICE: How New York State Turns its Back on the Right to Counsel for the Poor “The amount of money someone makes should not determine how justice …
Criminal Defendants Shortchanged by Justice System that Favors Prosecutors by Derek Gilna Since the landmark Supreme Court case of Gideon v. Wainwright in 1963, criminal defendants who face incarceration have been guaranteed representation by an attorney if they cannot afford one. Gideon spurred most states and the federal government to …
Publication • August 2, 2016
Memo Appointing Gov. Nixon to Act as Public Defender, Missouri State Public Defender Office of the Director, 2016 MISSOURI STATE PUBLIC DEFENDER OFFICE OF THE DIRECTOR August 2, 2016 The Honorable Jay Nixon Governor of Missouri P.O. Box 720 Jefferson City, Missouri 65102 Dear Governor Nixon: Seven years ago, your …
Article • March 4, 2016
Making friends with a ‘murderer’ – and proving he’s innocent by By Colby Itkowitz Alfred Dewayne Brown spent 10 years on death row for a crime he did not commit. During that time, he formed an unlikely friendship with a man who would eventually fight to set him free.  Theirs was …
Article • February 7, 2016
Book Review: Making Manna by Eric Lotke by Making Manna by Eric Lotke (Brandylane 2015) Book review by Malcolm C. Young, Attorney and Consultant Making Manna is fiction, but it tells a real story. People who have been involved in criminal justice will recognize large parts of the story from …
Publication • January 1, 2016
Filed under: Attorneys, Public Defenders
Ways in Which Trial Lawyers Make a Difference, Patsons Press, 2016 Ways in Which Trial Lawyers Make a Difference By Bill Trine I was asked to write an article for this issue of the Warrior describing how I became involved in the prison reform movement, and how other trial lawyers …
Article • November 17, 2015
Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action by Iowa: State Department Ordered to Cover Court-Appointed Counsel’s Expenses in Privately Prosecuted State Action The Iowa Supreme Court has affirmed a lower court’s order for the Iowa Department of Management (IDM) to pay, as a …
Article • October 28, 2015
Washington Indigent Defense System Knowingly Violated Sixth Amendment by Washington Indigent Defense System Knowingly Violated Sixth Amendment by Mark Wilson “The public defense system in Mount Vernon and Burlington has systemic flaws that deprive indigent criminal defendants of their Sixth Amendment right to the assistance of counsel,” a Washington federal …
Article • August 7, 2015
This Man Sat in Jail for 110 Days—After He Already Did His Time by Marc Bookman This Man Sat in Jail for 110 Days—After He Already Did His Time The case of Eric Wyatt, Georgia's Cordele circuit, and why America's public defense system is disintegrating. By Marc Bookman Eric Wyatt …
Brief • March 24, 2015
In re Office of the Hinds Co. Pub. Defender, MS, Amicus Brief, Judicial Interference with Public Defenders, 2015 E-Filed Document Mar 24 2015 16:59:02 2015-M-00397 Pages: 16 IN THE SUPREME COURT OF MISSISSIPPI In re: Office of the Hinds County Public Defender, eta/ ) ) NO. 2015-M-00397 ) Petitioners ) …
Article • February 4, 2015 • from PLN February, 2015
Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter The Georgia Supreme Court affirmed an appellate court’s ruling that decertified a plaintiff class of indigent parents who …
Article • January 13, 2015
D.C. Area Federal Courts Reduce Staff because of Sequester Cuts by Derek Gilna D.C. Area Federal Courts Reduce Staff because of Sequester Cuts by Derek Gilna The sequester represents only a 3% across the board cut of federal spending, but it will have a noticeable impact on the operation of …
Article • January 12, 2015
Filed under: Public Defenders
Federal Budget Cuts Diminish Public Defender Services by Federal Budget Cuts Diminish Public Defender Services Federal budget cuts in 2013, known as sequestration, caused a “very, very serious problem” for federal public defenders in providing constitutionally mandated representation of indigent defendants. When Steve Nolder, the director of the public defender’s …
Article • January 10, 2015 • from PLN January, 2015
West Virginia Public Defender Disbarred for Child Prostitution “Hoax” by West Virginia Public Defender Disbarred for Child Prostitution “Hoax” A former West Virginia public defender has agreed to give up his license to practice law in the wake of a scandal involving allegations that he offered to sell children for …
When Attorneys Fumble, Defendants Face Consequences by David Reutter When Attorneys Fumble, Defendants Face Consequences by David M. Reutter The right of defendants facing criminal charges to be represented by counsel is the bedrock of our criminal justice system, expressly enshrined in the Sixth Amendment. An underlying doctrine to that …
Brief • October 21, 2014
Hurrell-Harring v. New York, NY, Settlement, Systemic Inadrquacies in NY Public Defender System, 2014 EXECUTION COpy SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY -------------------------------------------------------------------- x KIMBERLY HURRELL-HARRING, et al., on Behalf of Themselves and All Others Similarly Situated, Index No. 8866-07 (Connolly, l) Plaintiffs, -againstTHE STATE …
Article • October 5, 2014
Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload by David Reutter Florida Public Defender May File Systematic Motions to Withdraw Due to Case Overload   by David Reutter   The Florida Supreme Court has held that aggregate/systematic motions to withdraw by the Public Defender’s office …
Article • October 4, 2014
Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees by Fifth Circuit Holds Younger Doctrine Precludes Challenge to Louisiana Public Defender Fees   On April 16, 2012, the Fifth Circuit Court of Appeals held that the Younger abstention doctrine prohibits federal court challenges to Louisiana's public defender …
Publication • July 1, 2014
Filed under: Public Defenders
Indigent Defense Services in the U.S. 2008-2012 Updated BJS 2014 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Revised 10/23/2014 TECHNICAL REPORT July 2014, NCJ 246683 Indigent Defense Services in the United States, FY 2008–2012 – Updated Stephen D. Owens, Elizabeth Accetta, Jennifer J. Charles, and …
Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
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