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Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders by David Reutter by David M. Reutter Pretrial diversion programs have traditionally been used to “divert” criminal defendants to drug rehab and counseling programs. Some Louisiana prosecutors, however, have used it to create an industry that diverts traffic ticket revenue …
Article • January 19, 2018 • from CLN February, 2018
Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause by Christopher Zoukis by Christopher Zoukis The Colorado Supreme Court ruled that a criminal defendant may fire retained counsel without any showing of good cause when seeking to replace retained counsel …
Article • January 19, 2018 • from CLN February, 2018
The Insanity Defense: It’s Not What You Think by Christopher Zoukis by Christopher Zoukis In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be …
Article • January 19, 2018 • from CLN February, 2018
Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law by The Oregon Court of Appeals determined that investigating officers failed to clarify the intent of a defendant’s equivocal invocation of the right to counsel, rendering his subsequent statements to police inadmissible. Paul Joseph Sanelle …
Article • December 19, 2017 • from CLN January, 2018
Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job by Matthew Clarke by Matt Clarke Where can you face criminal prosecution for doing your job? The answer is New Orleans if you work for the Orleans Public Defenders (“OPD”). Prosecutors in New Orleans have been threatening to criminally …
Article • December 19, 2017 • from CLN January, 2018
Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System by Mark Wilson by Mark Wilson On April 28, 2017, the Idaho Supreme Court reversed the dismissal of a class action lawsuit alleging that Idaho’s public defense system violates federal and state constitutional standards. The Court …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
State Counsel for Offenders Report Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for Publication December 8, 2017 Disclaimer: The following report and the underlying research were completed by members of the …
Article • November 28, 2017
Fifth Circuit Upholds Denial of Continuance to Retain Counsel Morning of Revocation Hearing by Mark Wilson by Mark Wilson The United States Court of Appeals for the Fifth Circuit held that a lower court did not abuse its discretion in refusing to continue a supervised release revocation hearing to allow …
Brief • 2017
Allen v. Edwards, LA, Petition for Class Cert., 2017 JOSEPH ALLEN, STEVEN AYRES, ASHLEY HURLBURT, RORY KEVIN GATES, JAMES HOWARD, DEMARCUS MORROW, RODNEY WALLER, KEITH ARCEMENT, FREDERICK BELL, GENARO CRUZ GOMEZ, SAM YBARRA, MICHAEL CARTER, AND JAMES PARK, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, DOCKET NO. 19th …
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 …
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 …
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 …
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 …
Publication • March 1, 2014
NACDL - Gideon at 50, Indigent Defense Report, 2014 Gideon at 50: A Three-Part Examination of Indigent Defense in America Part 2 — Redefining Indigence: Financial Eligibility Guidelines for Assigned Counsel SIXTH AMENDMENT: IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL ENJOY THE RIGHT TO A SPEEDY AND PUBLIC TRIAL, BY …
Publication • September 30, 2013
Filed under: Public Defenders
Evaluation of Harris County TX Pub. Defender Justice Center 2013 Improving Indigent Defense: Evaluation of the Harris County Public Defender S ep t emb er 3 0 , 2 0 13 Dr. Tony Fabelo Carl Reynolds Jessica Tyler Prepared by the Council of State Governments Justice Center, with the support …
Publication • July 1, 2012
State Indigent Defense Expenditures 2008-2012 BJS 2014 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics JULY 2014 Revised 10/24/2014 Special Report NCJ 246684 State Government Indigent Defense Expenditures, FY 2008–2012 – Updated Erinn Herberman, Ph.D., and Tracey Kyckelhahn, Ph.D., BJS Statisticians I n 2012, state governments …
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