Learn how you can help ensure that the principle of due process endures this crisis
Learn how you can help ensure that the principle of due process endures this crisis
Amicus Brief in support of Plaintiffs
Louisiana First Circuit Court of Appeal
Filed Jan. 8, 2020
TOPICS: Right to Counsel; public defense funding
In what might be the first of its kind, our brief--joined by an impressive array of ideologically diverse co-amici--argues that the 6th Amendment prohibits states from systemically under-funding public defender offices and explains how the Framers intended the Constitution to establish a vibrant adversarial criminal legal system, not a “sacrifice of unarmed prisoners to gladiators.”
We thank the American Conservative Union Foundation Nolan Center for Justice, Cato Institute, Freedomworks Foundation, James Madison Institute, Innocence Project, Innocence Project New Orleans, National Legal Aid & Defender Association, Public Defender Services for the District of Columbia, and R Street Institute for joining our brief in support of the right to counsel.
Due Process Institute also thanks Chloe Chetta of Barrasso Usdin Kupperman Freeman for her pro bono work on this case.
Amicus Brief in Support of Appellant
2d Circuit Court of Appeals
Filed Dec. 7, 2020
TOPIC: speedy trial
This brief highlights the criminal justice system's lack of commitment to guarantee an individual’s right to a speedy trial. In a relatively simple criminal case, it took three years for the accused to reach trial. Speedy trials are fundamental to ensure norms in our justice system and prevent unfair pressures on those accused; it is past time for courts to enforce this right.
We thank Cato Institute for joining our brief in support of meaningful speedy trial rights.
Due Process Institute also thanks Timothy O’Toole of Miller & Chevalier for his pro bono work on this case.
Amicus Brief in support of Certiorari
U.S. Supreme Court
Filed Dec. 21, 2020
TOPIC: pre-indictment delay
In this brief, we argue that SCOTUS should strike down requirements in the 10th Circuit and other appellate courts that place undue burdens on defendants to demonstrate that their due process rights have been violated by prosecutorial pre-indictment delay. Due Process requires the court to focus on prejudice to the defendant rather than the subjective intent of the prosecution.
We thank Michael Dreeben, Kendall Turner, and their team at O'Melveny & Myers for their pro bono work on this case.
Amicus Brief in support of Appellant
5th Circuit Court of Appeals
Filed Nov. 1, 2019
TOPICS: right to jury trial; trial penalty
This case--perhaps the first of its kind--asks the court to consider if the government has pursued a "trial penalty" (in which they added charges and recommended a higher sentence) against a defendant who exercised her right to trial.
Filed with American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Texas, Cato Institute, NACDL, and Texas Public Policy Foundation.
OUTCOME: The United States Court of Appeals for the Fifth Circuit agreed with us that federal Circuit courts have a duty to determine whether a district court sentenced an individual more harshly because they went to trial instead of pleading guilty. However, the court failed to find that this occurred in this case. You can read the court's full opinion here.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Apr. 15, 2020
TOPICS: judicial fact-finding; parole eligibility; Apprendi
The Supreme Court has previously ruled that any facts which increase the range of possible punishments for a defendant’s criminal conviction must be found by a jury beyond a reasonable doubt. Our brief tackles whether the Constitution also requires that state statutes that increase the minimum time a defendant must serve in prison before being released on parole be invalidated under the 6th and 14th Amendments.
OUTCOME: Unfortunately, the petition for certiorari was denied June 22, 2020.
Due Process Institute thanks Kendall Turner for her pro bono work on this case as well as National Association for Public Defense for joining our brief in support of the 6th Amendment.
Amicus Brief in support of Certiorari
U.S. Supreme Court
Filed Aug. 13, 2019
TOPIC: acquitted conduct sentencing
In this brief, we argue that the 6th Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants.
OUTCOME: Unfortunately, the petition for certiorari was denied Feb. 24, 2020.
Amicus Brief in Support of Respondent
U.S. Supreme Court
Filed Jan. 25, 2019
TOPICS: judicial fact-finding; supervised release; Apprendi
In this brief, we argue the portions of 18 U.S.C. § 3583(k) that require a district court to revoke supervised release and to impose re-imprisonment based on a finding by a preponderance of the evidence that respondent violated the conditions of his release are unconstitutional.
Due Process Institute wishes to thank David T. Goldberg for his pro bono work on this case.
OUTCOME: In a 5-4 decision, the Supreme Court agreed with Due Process Institute and ruled in favor of Haymond. Read the opinion by Justice Gorsuch here.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Aug. 23, 2018
TOPIC: 6th Amendment attachment pre-indictment
In this brief, we argue the 6th Amendment right to counsel attaches before an indictment in a situation where a prosecutor threatens to indict a defendant unless the defendant accepts a plea offer.
Due Process Institute wishes to thank Cozen O’Connor for their pro bono work on this case, particularly Stephen A. Miller, Barry Boss, and Kara L. Kapp.
We also thank Cato Institute for joining our brief in support of the 6th Amendment.
OUTCOME: Unfortunately, the petition for certiorari was denied on June 24, 2019.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Dec. 20, 2018
TOPIC: acquitted conduct sentencing
We argue the 6th Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants.
Due Process Institutes wishes to thank Timothy O'Toole and Sarah A. Dowd of Miller & Chevalier for their pro bono work on this case.
OUTCOME: Unfortunately, the petition for certiorari was denied on Jan. 14, 2019.
Amicus Brief in support of Certiorari
U.S. Supreme Court
Filed Oct. 2019
TOPICS: confrontation clause; sentencing enhancements; relevant conduct; appellate standard of review
In this brief, we attempt to resolve a circuit split on the appropriate standard of review for sentencing enhancements based on unsworn out-of-court statements of cooperating witnesses, in favor of requiring de novo review.
Due Process Institute thanks John Cline for his pro bono work on this case as well as the law professors and following organizations for joining our brief: Cato Institute, District of Columbia Association of Criminal Defense Lawyers, NACDL, Pennsylvania Association of Criminal Defense Lawyers, Rutherford Institute, and Texas Association of Criminal Defense Lawyers.
OUTCOME: Unfortunately, the petition for certiorari was denied on Oct. 15, 2019.
Amicus Brief in support of Certiorari
U.S. Supreme Court
Filed Oct. 24, 2019
TOPICS: per se rule; presumptions that remove element of crime from jury's consideration
We argue that the per se rule in antitrust law operates to relieve the government of its burden to prove an essential element of a criminal offense and thus violates a defendant's 5th and 6th Amendment rights.
For more information, please visit our 5th Amendment Amicus Briefs collection.
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