Motions

As we commemorate Black History Month, it is crucial to reflect on landmark legal cases that have significantly contributed to the ongoing struggle for racial justice. One such pivotal case is Batson v. Kentucky.

At James K. Batson's 1982 state-court trial for burglary and receiving stolen property, the prosecution used “peremptory strikes” to remove four possible jurors who, like Batson, were black. The resulting all-white jury convicted Batson; he received a 20-year sentence.

The use of artificial intelligence (AI) in law enforcement investigations continues to put innocent people, especially innocent people of color, at risk of wrongful arrest. Artificial intelligence technologies are being developed and implemented by law enforcement agencies across the country. Police increasingly use AI tools to surveille communities, investigate crimes, and collect large amounts of data related their targets. However, with this increased use of AI in policing, comes a growing number of innocent people being wrongfully arrested.

For 60 years, the Criminal Justice Act (CJA) has ensured that people who cannot afford to retain an attorney in federal criminal cases receive professional legal counsel at no cost.

Colorado’s star DNA scientist intentionally manipulated evidence for years, calling into question all of the criminal cases she worked on in her nearly three-decade career, according to a preliminary investigation released by officials Friday (view full article).

The Supreme Court on Friday dealt a blow to potentially thousands of federal prison inmates by ruling against a convicted drug dealer seeking a shorter sentence under a 2018 law.

The issue involved how to read a “safety valve” in federal criminal sentencing laws, which allows defendants to avoid the often lengthy mandatory minimum sentences scattered throughout the federal criminal code. The safety valve requires the defendant to satisfy a laundry list of each of five separate rules.

New FBI data released on Tuesday confirms previous indications that crime in the U.S. declined significantly in 2023, continuing a post-pandemic trend and belying widespread perceptions that crime is rising.

On Tuesday, the Defender Services Committee took action in response to a critical issue. Recognizing the absence of representation for individuals accused of crimes in certain federal district courts during Initial Appearance hearings, the Committee issued a memorandum.

This directive was circulated to all federal court and Criminal Justice Act personnel, reaffirming that federal law requires representation by counsel during every Initial Appearance hearing.

Massachusetts Gov. Maura Healey issued sweeping pardons forgiving possession of marijuana convictions, following the directive of President Joe Biden, who urged state executives to follow his lead in pardoning low-level marijuana offenses (view announcement).

Washington man runs an organization that purports to help undocumented adult immigrants become U.S. citizens through adult adoption. He's convicted and sentenced to 240 months for unlawfully "encouraging or inducing an alien to come to, enter, or reside unlawfully in the United States for private financial gain." He appeals his conviction. Ninth Circuit (2022): That provision is unconstitutionally overbroad because it could reach all kinds of protected speech. Conviction vacated.

Practice tip: When briefing, do not cite cases that don't exist (even if cleverly named Smith and Jones) and, for cases that do exist, do not misrepresent their facts and holdings. If you do, you might face a difficult oral argument followed by the court striking your brief from the record and dismissing your appeal, as the Ninth Circuit demonstrates.