Chronological Listing of Amicus Briefs Supported by the Section of Litigation

2004-2005

Halbert v. Michigan, No. 03-10198 (U.S. Sup. Ct.):
Supported application of Criminal Justice Standards Project with the Standing Committee on Legal Aid and Indigent Defendants. Issues: whether due process and equal protection prohibit a state from denying appointed appellate counsel to an indigent criminal defendant who has pleaded guilty and can appeal only if leave to do is granted. Application granted. ABA brief filed February 22, 2005.
» Supreme Court Docket
» Amicus Brief  | 

Medellin v. Dretke, No. 04-5928 (U.S. Sup. Ct.):
Supported application of Death Penalty Representation Project with Criminal Justice Section and Section of International Law and Practice. Issues: (1) Whether an exception should be made to the federal procedural default doctrine barring a defendant from first raising in a habeas corpus petition claims not previously raised at the state-court level, here the denial of a foreign national’s right under the Vienna Convention to be informed of his rights to have the consulate notified of his detention, to communicate with consular officers and to have the consulate arrange for legal representation; (2) Whether defendant was denied effective assistance of counsel when counsel failed to determine defendant’s rights under the Vienna Convention, failed to strike jurors who indicated they would automatically impose the death penalty, and failed to call any witnesses at the death penalty stage. Application approved. ABA brief filed January 24, 2005.
» Supreme Court Docket
» Amicus Brief  | 

Rompilla v. Beard, No. 04-5462 (U.S. Sup. Ct.):
Supported application of Death Penalty Representation Project with Section of Individual Rights and Responsibilities and Criminal Justice Section. Issue: Effective assistance of counsel during sentencing phase of capital case. Application approved. ABA brief filed on November 12, 2004.
» Supreme Court Docket
» Amicus Brief  | 

2003-2004

Torres v. _____________, No. ___ (U.S. Sup. Ct.):
Co-sponsored application with Death Penalty Representation Project and International Law Section. Issue: Right of foreign national arrested for criminal offense to be informed of his rights to have consulate notified of his detention, to communicate with his consulate and to have consular officers arrange for his legal representation (as required by Vienna Convention on Consular Relations). ABA Standing Committee on Amicus Curiae Briefs did not approve the draft brief; petition for writ of certiorari not filed in Supreme Court; Oklahoma Court of Criminal Appeals granted indefinite stay of execution and remanded case for evidentiary hearing and governor of Oklahoma commuted sentence.

Roper v. Simmons, No. 03-633 (U.S. Sup. Ct.):
Co-sponsored application with Death Penalty Representation Project, Section of Individual Rights and Responsibilities, and the Criminal Justice Section. Issue: Imposition of death penalty upon juveniles over 16 but under 18 years of age. Application approved. ABA brief filed on July 19, 2004.
» Supreme Court Docket
» Amicus Brief | 

Kowalski v. Tesmer, No. 03-407 (U.S. Sup. Ct.):
Supported application of Criminal Justice Section with Section of Individual Rights and Responsibilities and Standing Committee on Legal Aid and Indigent Defendants. Issue: Right to appointed counsel at first reviewing court of indigent criminal defendant who pleads guilty, where state law provides no absolute right of appeal. Application approved. ABA brief filed on June 7, 2004.
» Supreme Court Docket
» Amicus Brief  | 

2002-2003

Padilla v. Rumsfeld, No. 03-2235 (2d Cir.):
Supported application of Section of Individual Rights and Responsibilities. Issue: Right to counsel and meaningful judicial review by American citizen seized on American soil and designated an enemy combatant. Application approved. ABA brief filed.
» Amicus Brief  | 

Fellers v. United States, No. 02-6320 (U.S. Sup. Ct.):
Supported application of Section of Individual Rights and Responsibilities joined by Criminal Justice Section. Issue: Right to counsel (and to be advised of right) by a defendant who is questioned at home by police at post indictment stage. Application approved; ABA brief filed.
» Supreme Court Docket
» Amicus Brief  | 

Wiggins v. Smith, No. 02-311 (U.S. Sup. Ct.):
Supported application of Death Penalty Representation Project. Issue: Effective assistance of counsel during sentencing phase in death penalty case. Application approved; ABA brief filed.
» Supreme Court Docket
» Amicus Brief  |