A few weeks ago, I wrote about ineffective assistance of counsel and plea-bargaining in the context of the upcoming Supreme Court case, Lee v. United States. In deciding Lee, the Court will consider whether it is rational for a noncitizen defendant, despite strong inculpatory evidence against
In 2009, Jae Lee–a legal resident but not an American citizen– was charged with possession of ecstasy with intent to distribute. The evidence against Lee was staggering, and his lawyer incorrectly promised that a plea deal would not put him in danger of deportation. The
When news broke that Maureen McDonnell had been sentenced to a year and a day in prison for alleged crimes she committed alongside her husband, former Virginia Governor Bob McDonnell, the New York Times ran a perfunctory piece titled, "Former First Lady of Virginia is
Guantanamo Bay Detention Camp is still open, still functional, and still holding over 100 detainees, many of whom have won their habeas corpus cases, and have been cleared for release by the Obama Administration years ago. After a series of lunch panels held this week
Like me, I imagine that many young, idealistic, progressive law students begin their legal educations under the impression that federal courts act—to use Professor Michael Klarman’s witty, if not slightly sardonic turn of phrase—as counter-majoritarian heroes. As such, federal judges are just chomping at the
Members of the Supreme Court seemed skeptical last Wednesday when asked to establish a new constitutional rule prohibiting the use of unreliable eyewitness testimony at criminal trials. Under existing law, unreliable eyewitness testimony is excludable only when the source of unreliability stems from police misconduct.
By Stephen Henrick
"It is shocking," wrote Professor Warren Seavy, "that the officials of a state educational institution, which can function properly only if our freedoms are preserved, should not understand the elementary principles of fair play. It is equally shocking to find that a court