Defender

On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the

Author/Organization: David Carroll
Publication Date: 07/27/2010

On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative spoke to the Conference of Chief Justices at their annual conference in Vail, Colorado. The speech highlights the failure of our state courts to protect fairness for people of insufficient means in both the civil and criminal courts. Specific recommendations are made regarding what Chief Justices should do.

Author/Organization: Laurence Tribe
Publication Date: 07/26/2010

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It has often seemed that the National Institute of Justice (NIJ) has focused primarily on addressing issues of criminal justice from the vantage point of law enforement, prosecution, and corrections, but perhaps that is beginning to change.  NIJ held its annual conference on June 14-16, 2010 in Arlington, Virginia.  As the research, development and evaluation agency of

Author/Organization: Phyllis E. Mann
Publication Date: 07/23/2010

Gideon Alert: Wyoming tries 85-90% of all juveniles as adults

BY David Carroll on Monday, July 19, 2010 at 1:06 PM

"Unlike any other state in the nation, Wyoming commonly prosecutes children as criminals, imposing adult sentences for misbehavior more typical of normal adolescence than criminal.  At significant cost to Wyoming taxpayers, children as young as eight years old who get in trouble for such transgressions as smoking at school, drinking at a weekend party, stealing a pack

Press release issued by the Michigan Campaign for Justice in response to the July 16, 2010 Order of the Michigan Supreme Court on reconsideration in Duncan v. State.

Author/Organization: Michigan Campaign for Justice
Publication Date: 07/16/2010

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Dissent from the Opinion of the Court of Appeals.

Author/Organization: J. Whitbeck, Court of Appeals
Publication Date: 06/11/2009

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Opinion, affirming trial court orders: denying defendants' motion for summary judgment in 278652, denying defendants' motion for summary judgment in 278858, and granting class certification in docket 278860; "holding that defendants are not shielded by governmental immunity, that defendants are proper parties, that the trial court, not the Court of Claims, has jurisdiction and authority to order declaratory relief, prohibitory injunctive relief, and some level of mandatory injunctive relief, the full extent of which we need not presently define.  We further hold that, on the basis of the pleadings and at this juncture in the lawsuit, plaintiffs have sufficiently alleged facts that, if true, establish standing, establish that the case is ripe for adjudication, and state claims upon which declaratory and injunctive relief can be awarded.  Finally, we hold that the trial court properly granted the motion for class certification."

Author/Organization: Court of Appeals
Publication Date: 06/11/2009

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Order, granting reconsideration, vacating prior order dated April 30, 2010, reversing the June 11, 2009 judgment of the Court of Appeals for the reasons stated in the Court of Appeals dissenting opinion, remanding to the Ingham Circuit Court for entry of summary disposition in favor of the defendants, and denying motion for stay.  Concurrence with reasons by Markman, Corrigan and Young.  Dissent with reasons by Kelly, Cavanagh and Hathaway.

Author/Organization: Michigan Supreme Court
Publication Date: 07/16/2010

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Published at 22 St. Thomas L. Rev. 204 (Fall 2009). Bennett Brummer argues: " My basic premise is that defender excessive workload is a systemic problem, not ony an indigent defense problem.  Excessive workload could not persist without the active and conscious dereliction of stewardship obligations by state and federal goverenments and criminal justice stakeholders.  The complicity of judges, the bar, prosecutors, defenders and funders and the violation of their oaths to support the constitution are required for excessive workload to become the norm."

Author/Organization: Bennett H. Brummer
Publication Date: 2009

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