In Plain Cite: Recent Episodes
Federal Public Defender, WVS - A Federal Criminal Law Podcast
In Plain Cite is a podcast about developments in federal criminal defense law, focusing on the US Supreme Court and the Fourth Circuit Court of Appeals, produced by the Federal Public Defender Office in the Southern District of West Virginia.
Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Sentencing Guidelines news.
Jonathan Byrne and Andrew Grindrod the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Supreme Court news.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit news.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.
Jonathan Byrne and Andrew Grindrod of the District of Eastern Virginia Federal Public Defender Office discuss recent Fourth Circuit news.
Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit news.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit news.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit news.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit, Supreme Court, and Sentencing Guideline news.
Jonathan Byrne and Jackie Tarlton discuss recent Fourth Circuit Court of Appeals decisions.
Jonathan Byrne discusses recent Fourth Circuit and Supreme Court decisions with Jeremy Thompson from the Federal Public Defender Office in South Carolina.
Jonathan Byrne and Andrew Grindrod from the Eastern District of Virginia discuss recent and Fourth Circuit decisions.
Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Jeremy Thompson from the Federal Public Defender Office in South Carolina discuss recent Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn with the Federal Public Defender Office in South Carolina discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne of the Soutrhen Districtd of West Virginia and Jackie Tarlton of the Eastern Disctict of North Carolina discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions and look at the upcoming Supreme Court session.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Josh Carpenter from the Western North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
Jonathan Byrne and Andrew Grindrod from the Eastern Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
Jonathan Byrne and Jackie DiLauro of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Emily Harrell of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Alicia Penn of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Brian Beck of the Western Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Jackie DiLauro of the North Carolina Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan Byrne and Andrew Grindrod from the Virginia Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions
Jonathan Byrne and Josh Carpenter from the North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
Jonathan and Lex discuss the new United States Sentencing Guidelines amendments taking effect on November 1, 2018.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Alicia Penn from the Federal Public Defender Office in South Carolina.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Brian Beck from the Federal Public Defender Office in Western Virginia.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Josh Carpenter from the Federal Public Defender Office in Western North Carolina.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
In this episode Jonathan talks about recent Fourth Circuit cases touching on traffic stops, conspiracy as a crime of violence, and the evidentiary nature of Facebook posts with Jackie DiLauro from the Defender office in Eastern North Carolina.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Andrew Grindrod from the Federal Public Defender Office in the Eastern District of Virginia.
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
Jonathan discusses recent Fourth Circuit cases with special guest Josh Carpenter from the Western District of North Carolina.
Jonathan talks about new cases dealing with child sexual exploitation, fraud, and the death penalty with Brian Beck from the Western District of Virginia.
Jonathan and guest Alicia Penn discuss four new Fourth Circuit cases, covering topics including crimes of violence, child pornography sentences, and health care fraud.
In this episode we bring back special guest Emily Harrill to discuss recent Fourth Circuit decisions.
In this episode we discuss recent Fourth Circuit decisions with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
In this episode we talk about the recent public meeting of the United States Sentencing Commission and what might be in store for the Guidelines.
In this episode we talk about recent Fourth Circuit cases touching on the use of force, prior bad acts, double jeopardy, and coerced statements
Our extern, Brittany, interviews AFPD David Bungard to get a feel for what it's like to practice federal criminal defense for the indigent charged with federal crimes. David discusses the differences between private and public practice, his experience as a Criminal Justice Act panel attorney, what drew him to defense work, and what day-to-day life is like working in the office of the Federal Public Defender for the Southern District of West Virginia.
This week brought the eagerly awaited Supreme Court decision in Beckles, in which the Court held that the Sentencing Guidelines could not be challenged as being unconstitutionally vague. What does Beckles mean in the short term and the long term? Does it tell us anything about the future of other claims based on the Court's 2015 Johnson decision? We dig deep into the opinion and try to figure it out.
Federal Public Defender Christian Capece and Legal Research and Writing Specialist Jonathan Byrne speak with Professor John Pfaff of Fordham University School of Law, author of "Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform."
We look forward to 2017 and proposed Sentencing Guideline Amendments. Also, a look back at two big stories of 2016, the death of Antonin Scalia and the the continuing ripple of Johnson.
Our team looks at the recent changes to the Sentencing Commission's recommended conditions of supervised release, examine some of the other Guideline amendments that went into effect at the beginning of November, and check in on the state of the Johnson union.
Today, Jonathan and Lex discuss Birchfield, which deals with the fourth amendment and blood alcohol and breath tests; Strieff which focuses on attenuation and the fourth amendment; Luis which touches on seizure of funds before a trial; Ocasio, conspiracy, Hobbs Act extortion; Voisine and misdemeanor crime of domestic violence; and Musacchio, which touches on instructions, appeals, and sufficiency of evidence
Looking forward to the 2016 Supreme Court term which begins in October, we preview Bravo-Fernandez and double jeopardy; Moore and the eighth amendment and Steinbeck.
The office's summer interns offer a critique on how Supervised Release works in today's federal justice system and share their ideas on how to improve the same.
A quick discussion of the basics practitioners need to know as the one-year anniversary of the Supreme Court's Johnson decision approaches and, along with it, the deadline for filing 2255 motions seeking relief under it.
On this episode of In Plain Cite, Jonathan, Lex, and Rhett discuss guideline amendments adopted by the United States Sentencing Commission and then bring us some commentary on recent Fourth Amendment rulings made by the Fourth Circuit Court of Appeals.
In Episode 7 of In Plain Cite, our hosts, Jonathan and Lex, take a look at amendments to the US Sentencing Guidelines that were proposed in August 2015. Those amendments would overhaul the definition "crime of violence" in the wake of the Supreme Court's recent decision in Johnson, some in ways that would benefit defendants and others in ways that would not. We also catch up on the progress (or lack thereof) of criminal justice reform in Congress as we head into 2016.
Episode 6 of In Plain Cite answers a question from our Criminal Just Act panel. Lex and Rachel review some of the more important United States Sentencing Guideline amendments that went into effect on November 1, 2015. The discussion includes changes to the guidelines dealing with Hydrocodone, the Mitigating Role Adjustment, Inflationary Adjustments, Economic Loss, and the Single Sentence Rule.
Episode 5 of In Plain Cite deals with clemency. Our hosts, Jonathan and Ann, speak with Italia Patti, Justice Franklin D. Cleckley Fellow of the WV Innocence Project, and Deidre Purdy, a solo-practitioner on the Criminal Just Act panel in the Southern District of WV.
Episode 4 of In Plain Cite revisits Johnson, ACCA, 2255, and Guidelines. We also look at the Sentencing Reform and Corrections Act of 2015 and other congressional initiatives. Finally, a preview of Supreme Court cases Hurst, Montgomery, Willams, Lockhart, Molina-Martinez, Ocasio, Musaccio, Taylor, and Strief.
Jonathan and Rachel discuss cell phones, cell towers, the 4th Amendment, the Stored Communications Act, and the pending cases of Graham and Davis.
Jonathan and Rachel give some Congressional upates on federal criminal sentencing and discuss the Fair Sentencing Act of 2010, the Smarter Sentencing Act, and the SAFE Act. Is Sen. Grassley coming around? How can you use these bills to your advantage now?
The US Supreme Court just declared part of the Armed Career Criminal Act unconstitutional. Where does that leave federal criminal defendants going forward? Will it impact the Sentencing Guidelines? Will defendants whose cases are final be able to get some relief?