New York State Overhauls Pretrial Evidence Rules.

Great news! New York finally gets rid of its ill-advised discovery laws. Read all about it here: https://www.themarshallproject.org/2019/04/01/blindfold-off-new-york-overhauls-pretrial-evidence-rules Surely one of the nicest things about practicing in Oregon after 10+ years in New York City is how easy it has been to get evidence relatively quickly, including exculpatory Brady material.

Disability vs. Personality

In State v. Craigen 296 Or App 772 (March 27, 2019), the Court of Appeals held that the trial Court had erred when it determined that evidence of defendant’s depression and brain injury could not be considered in connection with defendant’s EED (Extreme Emotional Disturbance) defense. Under Oregon case law, a defendant’s “personal characteristics” are… Read More

Does the constitution require unanimous juries? Supreme Court agrees to hear case arguing that it does!

The law is clear: under the Sixth Amendment, a unanimous jury is required. The vast majority of the Bill of Rights have been fully incorporated and made applicable to the states through the Fourteenth Amendment. Attorneys for a man convicted of murder in Louisiana argue that The Fourteenth Amendment should incorporate the Sixth Amendment’s guarantee… Read More

“Warrior or Diplomat?” An interesting article about public defenders

Courthouse ‘Warrior’ or Diplomat? The Public Defender’s Challenge “In every courthouse where criminal cases are heard, there are damaged or apathetic individuals who have been granted power over the lives of impoverished clients, who enjoy their roles, and who abuse their authority at leisure from positions of complete security.” Appropriate response unclear but certainly worth… Read More