Puerto Rico Association of Criminal Defense Lawyers

Sixth Amendment Violated --and it's not Booker related

Fellow PRACDL member Linda Backiel just won a new trial for her client in US v. Vega Molina, No. 03-1625 (1st Cir. May 19, 2005). We'll develop this a bit more later, but just wanted you all to have a bite at it first. I recall the trial of that case before Judge Domínguez, which was widely covered in the press and was hotly fought.

Congratulations, Linda!

Update (May 20, 2005): Appellate Law and Practice has coverage of the opinion here and elaborates some more here. They point out that the new trial granted in this case (as to one of the appellants only)  "may be some indication that the First is paying some attention to professional responsibility issues" with the link leading to an earlier post of ours in which we had commented on a Ninth Circuit case and added:

To the criminal defense bar practicing in the district of Puerto Rico an opinion such as Weatherspoon offers little solace.  After all, we practice in a district where the U.S. Attorney's Office has been repeatedly warned and slapped on the hand by the First Circuit Court of Appeals for improper comments and misconduct, only to be warned and slapped on the hand again, with no reversals. If any Judges from the First Circuit read this blog, let me state loud and clear that your method of dealing with this has not been helpful at all. Make them really pay a price, such as a few convictions being reversed, and then --and only then-- will the prosecutors who are prone to misconduct start to get their act together.

I hope that the fellows at Appellate Law and Practice are right in their observation as to shifting sands at the First Circuit, but still insist that there have to be a few more reversals on such grounds before prosecutorial attitudes are changed, rather than rationalized. This was no small case for the government, and it is good that it happened in just such a case, since it will have a greater positive effect. And once the First Circuit starts to send out hard messages such as this one, rather than soft ones as in so many prior opinions in cases from this District, then the logical thing is that District Judges will also be less tolerant of prosecutorial excesses.  My hat off to the Judges on the First, even if Judge Selya made me reach for the dictionary again.

PRACDL Seminar on Booker & Crawford

PRACDL will be holding a one-day seminar on the application of Booker and Crawford on February 24, 2005 from 8:30 a.m. to 5:00 p.m. at the amphitheater of Inter-American University School of Law.

The guest speakers for the seminar are nationally renowned judge and attorneys:

• The Honorable Nancy Gertner, U.S. District Judge, District of Massachusetts - a member of Sentencing Law and Policy's Sentencing Judges Hall of Fame; see also PRACDL's posts on her opinion in U.S. v. Mueffleman, et al. (D.Mass., July 26, 2004): Guidelines Unconstitutional  and Not Severable - Judge Nancy Gertner and on her Order for Empanelment of 2 Juries for Capital Case: One non-Death-Qualified for Guilt Phase, the Other Death-Qualified for Penalty Phase in United States v. Darryl Green, et al.,Criminal No. 02-10301-NG (D.Mass, Nov. 3, 2004), with a further post on her Additional Findings to Justify 2 Juries for Capital Case.

• Peter Goldberger, of Ardmore, Pennsylvania - Just to mention a few of the good things about Peter, he was one of the players in NACDL's amicus brief in Booker and Fanfan.

• Richard Strafer, Miami, Florida - Many will know of him from having  played a leading role in NACDL's amicus brief in US v. Fermin Hilario, No. 00-1406 (1st Cir. July 17 2000), but his claim to recognition reaches far beyond that.

These are three speakers who should provide some very interesting insight in subject areas that are of great importance to all criminal defense lawyers.

This seminar is being co-sponsored by the U.S. District Court for the District of Puerto Rico, and all CJA Panel members who attend will receive CLE accreditation.

Here is the PRACDL Booker / Crawford Seminar flyer. You should confirm attendance either by e-mail or by telephone (both e-mail and telephone listed in flyer).

It is very likely that most Judges will not schedule any criminal matters for this day, so as to allow as many in the defense bar to attend the seminar.

The Confrontation Blog - devoted to Crawford v. Washington

The Confrontation Blog is devoted to Crawford v. Washington and the Confrontation Clause. Thanks to Crime & Federalism for directing us there.

The blog is penned by Professor Richard D. Friedman, of the University of Michigan Law School, and is described by him as "devoted to reporting and commenting on developments related to Crawford v. Washington, 541 U.S. 36 (2004). Crawford transformed the doctrine of the Confrontation Clause, but it left many open questions that are, and will continue to be, the subject of a great deal of litigation and academic commentary."

It also appears that Professor Friedman will answer readers' Crawford concerns. I have read most of the posts and find them very interesting.

According to David Bernstein at The Volokh Conspiracy Professor Friedman "is the leading authority on the Confrontation Clause, and played a key role as counsel in Crawford."