D S C R A P

Flores-Villar v. United States

2010-03-23T02:39:00.001-04:00

Steven F. Hubachek, Assistant Federal Public Defender, counsel of record for petitioner.

Belleque v. Moore

2010-03-22T17:09:00.001-04:00

Steven Wax, Federal Public Defender, counsel of record for respondent.

Abbott & Gould v. United States (consolidated)

2010-01-25T11:17:00.001-05:00

Mark T. Stancil of Robbins, Russell, Englert, Orseck & Untereiner, LLP, counsel of record for petitioner Abbott. David L. Horan of Jones Day, counsel of record for petitioner Gould.

Questions presented: Abbott and Gould.

Dolan v. United States

2010-01-08T11:31:00.000-05:00

Pamela S. Karlan, Stanford Law School, counsel of record for petitioner.

Robertson v. United States ex Rel. Watson

2009-12-14T11:37:00.000-05:00

James W. Klein, D.C. Public Defender Service, counsel of record for petitioner.

Carachuri-Rosendo v. Holder

2009-12-14T11:34:00.000-05:00

Sri Srinivasan of O'Melveny & Myers LLP, counsel of record for petitioner.

Dillon v. United States

2009-12-07T11:24:00.000-05:00

Lisa B. Freeland, Federal Public Defender, and Renee Domenique Pietropaolo, Assistant Federal Public Defender, counsel of record for petitioner. Amy Baron-Evans authored an amicus brief on behalf of Federal Defenders, Community Defenders, and NAFD, available here. Washington Legal Foundation filed an amicus brief, available here.

Barber v. Thomas

2009-11-30T13:05:00.004-05:00

Stephen R. Sady, Chief Deputy Federal Public Defender, counsel of record for petitioner.

Petition for cert here.

Renico v. Lett

2009-11-30T11:39:00.000-05:00

Marla R. McCowan, Assistant Defender, State Appellate Defender Office of Michigan, counsel of record for respondent.

Magwood v. Culliver

2009-11-16T13:14:00.001-05:00

Jeffrey L. Fisher, Stanford Law School, counsel of record for petitioner.

Holland v. Florida

2009-10-13T12:03:00.000-04:00

Todd G. Scher, counsel of record for petitioner

Skilling v. United States

2009-10-13T12:00:00.002-04:00

Daniel M. Petrocelli of O'Melveny & Myers, LLP, private counsel of record for petitioner.

United States v. Marcus

2009-10-13T12:00:00.001-04:00

Herald Price Fahringer, private counsel of record for respondent.

Weyhrauch v. United States

2009-09-30T13:07:00.001-04:00

Donald B. Ayer, of Jones Day, private counsel of record for petitioner.

Florida v. Powell

2009-09-30T13:04:00.000-04:00

Cynthia J. Dodge, APD, counsel of record for respondent.

United States v. Comstock

2009-09-30T13:01:00.001-04:00

Jane E. Pearce, AFPD, counsel of record for respondent

Carr v. United States

2009-09-30T13:00:00.000-04:00

Charles A. Rothfeld, of Mayer Brown, LLP, counsel of record for petitioner.

Berghuis v. Smith

2009-09-30T12:56:00.000-04:00

James Sterling Lawrence, counsel of record for respondent.

Berghuis v. Thompkins

2009-09-30T12:54:00.001-04:00

Elizabeth L. Jacobs, counsel of record for respondent.

Holder v. Humanitarian Law Project

2009-09-30T12:41:00.000-04:00

David D. Cole, counsel for petitioner/respondent

United States v. O'Brien & Burgess

2009-09-30T12:38:00.001-04:00

Leslie Feldman-Rumpler, court-appointed counsel of record for resondent Burgess, and Timothy O'Connell, court-appointed counsel of record for respondent O'Brien.

Wood v. Allen

2009-05-18T12:28:00.000-04:00

Kerry Alan Scanlon, counsel of record for petitioner.

Sullivan v. Florida

2009-05-04T13:24:00.000-04:00

Bryan A. Stevenson, counsel of record for petitioner.

Graham v. Florida

2009-05-04T13:21:00.002-04:00

John S. Mills, counsel of record for in forma pauperis petitioner.

Bloate v. United States

2009-04-20T13:33:00.003-04:00

Mark T. Stancil, Robbins, Russell, et al, private counsel of record for petitioner.

United States v. Stevens

2009-04-20T13:29:00.002-04:00

Lisa B. Freeland, Federal Public Defender, and Karen Sirianni Gerlach, AFPD, WD PA, counsel of record for respondent.

Pottawattamie County, IA v. Harrington

2009-04-20T13:25:00.001-04:00

Jeffrey W. Sarles, Mayer Brown, private counsel of record for petitioner.

Johnson v. United States

2009-02-23T17:13:00.001-05:00

Lisa Call, AFPD and FPD Donna Elm, counsel of record for petitioner. Also, Jim Skuthan of MDFL office. Brainstorming and brief editing by Tim Crooks, Phil Lynch, Donna Coltharp, Brenda Bryn, Margaret Katze, Judy Mizner, Margy Meyers, Denise Barrett, Mike Sokolow, Miriam Conrad, Stephen McCue, Henry & Fran.

Smith v. Spisak

2009-02-23T17:10:00.001-05:00

Michael J. Benza, private counsel of record for respondent.

Maryland v. Shatzer

2009-01-26T23:45:00.001-05:00

Celia Anderson Davis, Assistant Public Defender, counsel of record for respondent.

McDaniel v. Brown

2009-01-26T23:42:00.000-05:00

AFPD Paul Turner and FPD Franny Forsman, counsel of record for respondent.

Bobby v. Bies

2009-01-20T12:58:00.001-05:00

Randall Porter, Office of the Ohio Public Defender, counsel of record for respondent.

Nijhawan v. Mukasey

2009-01-20T12:57:00.001-05:00

Thomas Moseley, private counsel of record for petitioner.

Safford Unified School District v, Redding

2009-01-20T12:54:00.003-05:00

Adam B. Wolf, private counsel of record for respondent.

Abuelhawa v. United States

2008-11-20T13:49:00.000-05:00

Sri Srinivasan of O'Melveny & Myers, private counsel of record for petitioner.

Yeager v. United States

2008-11-20T13:48:00.002-05:00

Samuel J. Buffone, private counsel of record, for petitioner.

Dean v. United States

2008-11-20T13:45:00.004-05:00

Scott T. Forester of Calhoun, Georgia, counsel of record for petitoner, in forma pauperis, assisted by Sidley Austin.

Decided 7-2 in favor of respondent.

District Attorney’s Office v. Osborne

2008-11-03T11:36:00.001-05:00

Private counsel of record for respondent.

Flores-Figeuroa v. United States

2008-10-23T01:11:00.002-04:00

Private counsel of record.

Decided 9-0 in favor of petitioner.

Vermont v. Brillon

2008-10-01T18:21:00.002-04:00

William Nelson, counsel of record, in forma pauperis, for respondent.

Reversed 7-2.

Rivera v. Illinois

2008-10-01T18:19:00.002-04:00

James Leven, counsel of record, in forma pauperis.

Decided unanimously in favor of respondent.

Puckett v. United States

2008-10-01T18:17:00.002-04:00

Lars Robert Isaacson, private counsel of record, in forma pauperis.

Decided 7-2 for respondent.

Montejo v. Louisiana

2008-10-01T18:16:00.002-04:00

Donald Verrilli, of Jenner & Block, private counsel of record.

Kansas v. Ventris

2008-10-01T18:13:00.003-04:00

Matthew Edge, counsel of record for respondent, Kansas Appellate Public Defender Office.

Reversed 7-2.

Corley v. United States

2008-10-01T18:10:00.010-04:00

David McColgin, counsel of record, Supervising Appellate Attorney for the Federal Defender Association of Philadelphia. Brainstorming issues and development of amicus positions by David, Brett Sweitzer, Steve Hubachek, Jeff Green (Sidley Austin) and Paul Rashkind. Authoring of brief by David and Brett, with edits by Steve, Jeff, Carlton Gunn, Sarah Gannett, Rob Epstein, Christy Unger, and Paul.

Merits brief of petitioner is available here. The amicus brief of NACDL and NAFD is here.

Decided 5-4 for petitioner.

Boyle v. United States

2008-10-01T18:04:00.001-04:00

Marc Fernich, private counsel of record.

Harbison v. Bell

2008-06-24T13:10:00.002-04:00

Dana C. Hansen Chavis, counsel of record, and Stephen M. Kissinger, both of the Federal Defender Service of Eastern Tennessee, for petitioner.

Decided 7-2 for petitioner.

Arizona v. Johnson

2008-06-24T13:09:00.000-04:00

Mary Edith Cunningham, counsel of record for respondent, APD, Pima County Public Defender's Office.

Cone v. Bell

2008-06-24T13:04:00.003-04:00

Thomas Goldstein, private counsel of record, and Paul Bottei, Assistant Federal Public Defender, Middle District of Tennessee.

Vacated and remanded 7-2.

Bell v. Kelly

2008-05-12T14:01:00.005-04:00

Richard P. Bress, Latham & Watkins, private counsel of record. Henry, Fran and Paul in discussions concerning NAFD and NACDL amicus support to be authored by Justin Marceau, AFPD in Arizona. David Porter is attempting to get NACDL on board. Justin and Andrea Lyon, DePaul Law School, collaborated on an amicus brief that was filed on behalf of NAFD; motion for leave to file amicus granted here.

Cert dismissed as improvidently granted.

Chambers v. United States

2008-04-21T12:20:00.003-04:00

Philip J. Kavanaugh, FPD; Andrea L. Smith, AFPD + private counsel of record Robert Hochman (Sidley Austin).

Decided 9-0 for petitioner.

United States v. Hayes

2008-03-24T16:53:00.002-04:00

Troy Giatris, private counsel of record for respondent.

Decided 7-2 in favor of petitioner.

Pearson v. Callahan

2008-03-24T16:45:00.002-04:00

Robert Long, Covington & Burling, private counsel of record for respondent. Argued by Theodore Melzer.

Oral argument transcript here.

Decided unanimously in favor of petitioner.

Jimenez v. Quarterman

2008-03-18T12:56:00.003-04:00

Pro se petitioner.Tom Goldstein, private counsel of record filed appearance.

Decided 9-0 for petitioner.

Oregon v. Ice

2008-03-18T12:55:00.004-04:00

Petition filed by Peter Gartlan, Office of Public Defense Services. Ernest G. Lannett, of the same office, was appointed by the Court as counsel of record for respondent.

Oral argument transcript now available here.

Decided 5-4 in favor of petitioner.

Waddington v. Sarausad

2008-03-18T12:54:00.005-04:00

Patricia Novotny & David Zuckerman, private counsel of record for respondent. Initial conference with Henry and Paul. David Porter to assist in merits brief preparation.

Decided 6-3 in favor of petitioner.

Melendez-Diaz v. Massachusetts

2008-03-18T12:53:00.005-04:00

Jeff Fisher & Stanford Law Clinic, counsel of record. Donna Coltharp, Judy Mizner and Steve Moss did significant editing on the amicus brief filed by NAFD, NACDL and the National College of DUI Defense, a copy of which is available here.

Arizona v. Gant

2008-02-29T13:45:00.002-05:00

Private counsel of record. Discussion with counsel concerning amicus support by Fran Pratt. Oral argument for respondent by Thomas Jacobs. Transcript is here.

Affirmed 5-4

Herring v. United States

2008-02-29T13:30:00.004-05:00

Private counsel of record. Argued by Pam Karlin of Stanford. Transcript of the oral argument is here.

Decided 5-4 in favor of respondent.

Cuellar v. United States

2008-01-25T23:12:00.001-05:00

Jerry Beard, AFPD, counsel of record; Richard Anderson, FPD. Brief editing by Jill Wichlens and Henry Bemporad. Moot court by Henry, Horatio Aldredge, and Judy Madewell.

Petitioner's brief is available here and NACDL amicus available here

Decided unanimously in favor of petitioner.

Burgess v. United States

2008-01-14T10:25:00.001-05:00

Pro se petitioner. Jeff Fisher, of the Stanford Supreme Court Litigation Clinic , moved to be appointed counsel and that motion was granted January 14, 1008. Henry, Fran and Paul discussed possible amicus support. NACDL and FAMM filed an amicus brief on lenity and Amy Baron-Evans provided a state-by-state survey in support.

Decided unanimously for respondent.

Irizarry v. United States

2008-01-11T17:00:00.002-05:00

Arthur Madden, CJA counsel of record. Initial contact with counsel by Paul to assemble team. Team of Phil Lynch and Donna Coltharp, Jerry Beard, Henry, Fran, and Paul assist in brainstorming. Jason, Donna and Phil assist in merits brief preparation and editing. Kristen Rogers serves as liaison with counsel. Jerry and Jason Hawkins assist in moot court.

Decided 5-4 in favor of respondent.

Giles v. California

2008-01-11T14:26:00.001-05:00

Private counsel of record.

Decided 6-3 for petitioner.

State of the Practice, Defender Style

2008-01-08T18:49:00.001-05:00

Tom Goldstein and Akin Gump recently appraised their Supreme Court practice this Term. Akin did a mid-Term summary of its SCOTUS practice, taking credit for five of their own cases and five more through their various tributaries (Howe & Russell and the Stanford Supreme Court Litigation Clinic). That's five cases for an international law firm of over 900 lawyers, four for a prominent law school program headed by our friend, Jeff Fisher, and one more for Tom's former firm. We have to admit that is a very impressive involvement in the High Court's current Term.

DSCRAP is pleased to trumpet just as loudly. As of mid-Term, our merry band of defenders has provided resources and assistance to counsel in ten cases this Term, coordinated amicus support in six cases, and authored in whole or in part five merits briefs, five amicus briefs, and one brief in opposition -- check them out throughout this page.

By Term's end, four cases will be argued by Akin lawyers. By Term's end, five cases will be argued by federal defenders. We have had an enjoyable and productive Term.

Greenlaw v. United States

2008-01-07T13:30:00.001-05:00

Private counsel of record.

Decided 7-2 for petitioner.

Kennedy v. Louisiana

2008-01-04T13:50:00.001-05:00

Private counsel of record.

Decided 5-4 in favor of petitioner.

United States v. Baker

2007-12-20T14:17:00.000-05:00

John K. Henderson, Jr., AFPD, counsel of record. Consultation with Henry concerning decision of the Tenth Circuit Court of Appeals about filing of rehearing en banc and potential cert petition.

Rothgery v. Gillespie County, TX

2007-12-14T11:36:00.003-05:00

Private counsel of record. Henry Bemporad conferred with counsel below.

Decided 8-1 for petitioner.

Indiana v. Edwards

2007-12-14T11:30:00.001-05:00

State Public Defender serves as counsel of record. Discussion of propriety of Godinez-like amicus by NACDL, by Fran, Henry and Paul.

Decided 7-2 in favor of petitioner.

Arave v. Hoffman

2007-11-06T14:30:00.000-05:00

Joan Fisher, AFPD, counsel of record. DSCRAP Liaison: Janice Bergmann.

Dismissed as moot on motion of the parties.

United States v. Ressam

2007-11-06T14:22:00.003-05:00

Tom Hillier, FPD, counsel of record; Laura Mate, AFPD, co-counsel. Brainstorming Brief in Opposition by Henry Bemporad and Paul Rashkind. Merits brief editing support by Phil Lynch.

Brief in Opposition available here.

Ressam's merits brief is available here and NACDL's amicus brief is here.

Decided in favor of petitioner, 8-1.

United States v. Rodriguez

2007-11-06T14:20:00.001-05:00

Private counsel of record. Coordination of NAFD amicus support by Amy Baron-Evans, Henry Bemporad and Fran Pratt.

Decided in favor of petitioner, 6-3.

Begay v. United States

2007-10-31T18:18:00.001-04:00

Margaret Katze, AFPD, counsel of record; Stephen McCue, FPD; Chuck McCormick, co-counsel. Brainstorming, brief contributions, editing and amicus support from NAFD by Bill Maynard, Amy-Baron Evans, Donna Coltharp, Phil Lynch, Carolyn Fuentes, David McColgin, Denise Barrett, Jill Wichlens, Dan Kaplan, Henry Bemporad, and Paul Rashkind. Moot court by Henry Bemporad, Donna Coltharp, Judy Madewell, Jason Hawkins, Jerry Beard, and Phil Lynch.

Merits brief available here and NAFD amicus brief here.

Decided 6-3 in favor of petitioner.

Gonzalez v. United States

2007-10-30T23:15:00.002-04:00

Brent Newton, AFPD, counsel of record; Margy Meyers, FPD; Tim Crooks, AFPD, co-counsel. Brainstorming, brief editing by Henry Bemporad, Phil Lynch, Donna Coltharp, Amy Baron-Evans, Paul Rashkind, and David Porter. Moot court by Henry Bemporad, Donna Coltharp, Judy Madewell, Jason Hawkins, Jerry Beard, and Phil Lynch.

Merits brief available here, reply brief here, and NACDL/NAFD amicus brief here.

Decided 8-1 in favor of respondent.

Logan v. United States

2007-10-30T23:12:00.000-04:00

Rick Coad, AFPD, counsel of record, argued. Brainstorming, brief contributions, editing and moot court participation by Amy Baron-Evans, Sara Noonan, Jennifer Coffin, Judy Mizner, Bill Theis, Fran Pratt and Tim Cone.

Decided 9-0 in favor of respondent.

United States v. Williams

2007-10-30T23:10:00.003-04:00

Participation in moot court for CJA counsel of record, Rick Diaz, by Richard Klugh and Paul Rashkind.

Decided in favor of petitioner, 7-2.

Kimbrough v. United States

2007-10-30T23:09:00.001-04:00

Fran Pratt, AFPD, counsel of record; Michael Nachmanoff, FPD, argued; Geremy Kamens & Ken Troccoli, AFPDs, co-counsel. Brainstorming, coordinating NAFD amicus, brief editing and moot court participation by Amy Baron-Evans, Sara Noonan, Jennifer Coffin, Donna Coltharp, Phil Lynch, David McColgin, Brett Sweitzer, Hebry Bemporad, and Paul Rashkind.

Briefs available: Merits, Reply, NAFD/FPCD Amicus

Decided 7-2 in favor of petitioner.

Gall v. United States

2007-10-30T23:08:00.000-04:00

Michael Dwyer, AFPD, former counsel in Claiborne v. United States, served as co-counsel with lead counsel, Sidley & Austin. Coordination of NAFD amicus brief, brainstorming and moot court partipation by Amy Baron-Evans, Sara Noonan, Jennifer Coffin, David Lewis, Kristen Rogers, Judy Mizner, Tim Crooks, Dan Kaplan, David McColgin, Henry Bemporad, Paul Rashkind, and Fran Pratt.

FPCD-NAFD Amicus Brief available here.

Decided 7-2 in favor of petitioner.

Boumediene v. Bush

2007-10-30T11:11:00.001-04:00

Private counsel of record. Amicus brief written by AFPD Tim Cone and filed on behalf of office of FPD Kathleen Williams (SD FL); co-counsel Paul Rashkind.

Amicus brief available here.

Decided 5-4 in favor of petitioners.