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 Cross-Appellee
6th Circuit Court of Appeals
Filed Apr. 21, 2020
TOPICS: mandatory minimum sentences; FIRST STEP Act; resentencing
This brief argues that reforms to mandatory minimum sentences recently adopted by Congress in the First Step Act apply to defendants whose pre-Act sentences were vacated on appeal after the Act's adoption and that such individuals should receive the benefit of reforms Congress has passed. Filed with
Amicus Brief in Support of Appellees
5th Circuit Court of Appeals
Filed Nov. 6, 2019
TOPIC: disenfranchisement
This brief tackles the issue of disenfranchisement of individuals who have been convicted for certain crimes in Mississippi. We argue that the broad nature of the state's disenfranchisement practices are a violation of the 14th Amendment. Filed with
Amicus Brief in support of Plaintiffs
Superior Court of Wake County
Filed June 24, 2020
TOPICS: disenfranchisement; fines + fees
This brief challenges a law in North Carolina that bars individuals with any felony record from voting. In order to have the right restored, one must not only be discharged from probation, parole, and post-release supervision, but also have paid all court costs, fees, and restitution. Our brief discusses how the combined phenomena of overcriminalization and the growth of "user-funded" justice combine to make North Carolina's law unconstitutional. Filed with Cato Institute and R Street Institute.
OUTCOME: The Superior Court of Wake County agreed with us in part and granted summary judgement on the claim that North Carolina's statute barring individuals from voting simply because of a failure to pay fines and fees violated the state's Constitution. You can read the court's full order here.
Amicus Brief in Support Certiorari
U.S. Supreme Court
Filed Oct. 5, 2018
TOPICS: appellate waiver; excessive fines + fees
Due Process Institute's Shana O'Toole authored this brief raising concerns over appellate waivers and also the unreasonable fines, fees, forfeitures, and restitution awards that are endemic in American's criminal justice system.
For more information, visit our 8th Amendment Amicus Briefs collection.
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.
See more about this case in our 6th Amendment Amicus Briefs collection.
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