Case Preparation or Case Investigation or Investigators
The 1st District Court of Appeals of Illinois held that an individual is entitled to a new trial due to ineffective assistance of counsel where defense counsel failed to communicate sufficiently with their client and investigate a witness that was flagged by the client. The court stated in relevant part: An attorney’s failure to communicate…
The Gault Center released an update on the state of youth defense in Kansas, which centers the perspectives and experiences of young people impacted by the juvenile legal system, through a collaborative effort with Progeny, a youth-adult partnership in Kansas, TerraLuna Collaborative, a research consulting group, and Mulberry Art Gallery, which focuses on supporting emerging…
This memorandum from the American Civil Liberties Union provides litigation strategies for defenders challenging electronic monitoring conditions for young people with disabilities. From the Introduction to the memorandum: “Overall, this research project/memo aims to reduce the use of EM for kids with disabilities. Although there is no straightforward disability or accommodations-related argument for ending EM…
This article from Dr. Antoinette Kavanaugh and Dr. Thomas Grisso examines the roles experts can play in “Montgomery” resentencing cases. From the article: “In summary, experts can play an important role in the approximately five hundred Miller/ Montgomery cases pending in Pennsylvania’s courts. Experts retained by the defense can serve as educators or evaluators. In…
This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…
The Campaign for the Fair Sentencing of Youth issued Trial Defense Guidelines for representing youth facing a possible life sentence. “The objective of these guidelines is to set forth a national standard of practice to ensure zealous, constitutionally effective representation for all juveniles facing a possible life sentence (“juvenile life”) consistent with the United States…
This amicus brief prepared by Children’s Law Center, Inc., the Office of the Ohio Public Defender, The Gault Center, and others argues that due process and fundamental fairness, pursuant to the 5th Amendment, the 14th Amendment and Ohio law, require the state to provide full discovery to a young person prior to a probable cause…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal lawsuit challenging deprivations of the right to counsel on misdemeanor cases in two cities in Washington. In calling for an independent monitor, the DOJ asserted, “First, a public defender must have the authority to decline appointments over the…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit on the constructive denial of counsel in criminal proceedings within five counties in New York. The DOJ asserted, “The provision of defense services is a multifaceted and complicated task. To guide the defense function, the…
The Kentucky Court of Appeals vacated a young person’s conviction in adult court based on ineffective assistance of counsel during the transfer hearing. Noting transfer as a critical stage in the proceeding and defense counsel’s failure to present any lay or expert witnesses and effectively cross-examine the prosecution’s witnesses, the court concluded that the transfer…
