MDefenders at University of Michigan Law School

Advocacy + sustainability. Michigan Law’s Public Defender Training Institute explicitly builds skills to avoid burnout and sustain yourself in a public defense career. https://lnkd.in/gc-migjz  

More Junk Science: “Lung float tests" purport to prove whether a baby was born alive or dead by testing whether the baby's lungs "float," which is thought to be an indication that the baby breathed. Medical examiners may rely on these tests to rule a death a homicide rather than a stillbirth or miscarriage. In a post-Dobbs world, tests like these are being used to charge women with murder. But numerous studies indicate these lung float tests are wholly unreliable as they often produce false-positives where the lungs of babies known to be stillborn float. These false results can be caused by resuscitation efforts, decomposition, or handling of the body by law enforcement or medical personnel. According to Physicians for Human Rights, it is “unethical to rely on [a lung float test's] findings as the sole determinant of suspected neonatal death." You can read more about these seemingly-scientific tests here: https://lnkd.in/d8GetV-c and learn more about the science showing they are unreliable here: https://lnkd.in/g554QUJe.

The fingerprint is an iconic symbol of forensic science. But this perception is far from reality. If your case involves fingerprints, use this brief for a jury instruction on the fallibility of that evidence! https://lnkd.in/gVSRWmuR

MDefenders “allegedly” gear is on sale now! If you’d like to grab some gear (or share the link with colleagues), you can order here: https://lnkd.in/gtZUr6yd. Orders accepted until 11:59pm Sunday, March 29. Items shipped directly to you! Thanks for all you do and for being a part of the MDefenders Community

New case for Defenders on Brady Violations: In Brady v. Maryland, 373 U.S. 83 (1963), the U.S. Supreme Court held that the prosecution has a due process obligation to provide a person facing criminal charges all material exculpatory evidence in its possession. In Giglio v. United States, 405 U.S. 150 (1972), the Supreme Court extended this obligation to require the prosecution to also disclose any important material in its possession that could be used to impeach the credibility of its case. Earlier this year, in Moore v. State of Maryland, the Fourth Circuit Court of Appeals held that the State violated Brady v. Maryland by disclosing material impeachment evidence too late for the defense to use it effectively. The suppressed evidence was a chain-of-custody report that differed in a key respect from a report produced before trial. The report was not disclosed until it was introduced into evidence on the second day of a three-day trial. Because defense counsel lacked time to investigate the discrepancy or adjust trial strategy, the belated disclosure “prevented the defendant from using the disclosed material effectively” which amounts to suppression under Brady. The court emphasized that the report was classic impeachment material and that its effective use could have impacted the jury’s assessment of the State’s case. As a result, the Fourth Circuit concluded that Mr. Moore’s due process rights were violated. The court rejected the idea that in-trial disclosure automatically defeats a suppression claim. Instead, suppression turns on whether the timing of disclosure forecloses meaningful use by the defense. The Maryland court’s conclusion that midtrial disclosure necessarily satisfied Brady was an unreasonable application of clearly established federal law. Defenders should use this case to argue that delayed disclosure still amounts to suppression when it deprives the defense of a real opportunity to capitalize on the material. Here is the full case: https://lnkd.in/giXq4QWP

Sixty-three years ago today, the U.S. Supreme Court decided Gideon v. Wainwright and held that the Sixth Amendment right to counsel is so important that anyone charged with committing a crime who cannot afford to pay for counsel is entitled to a court-appointed lawyer. Every year, the aspiring public defender community at Michigan Law celebrates the Gideon decision with a cake and spends the lunch hour writing notes of thanks to the MDefenders alumni who work in the trenches every day to ensure that everyone who is dragged through the criminal system is treated with dignity and their rights are respected. To all those engaged in the fight, happy Gideon’s Day. We see you. We appreciate you. And we can’t wait to join you.

Check out this motion to preclude court video appearances! This motion advocates for clients' 6th Amendment rights despite new norms in the post-COVID world. Written for KY but adaptable to your practice area! https://lnkd.in/gcd_-Rvq.

Today we celebrate National Public Defense Day and the advocates who stand between power and the people! At MDefenders, we support that work by training future defenders, providing research-driven litigation resources (https://lnkd.in/gQhKHk_u), and building community.

What an honor for MDefenders to be featured in the university's President's Symposium for Research Impact. As a faculty-led initiative, MDefenders trains practice-ready, resilient public defenders with a retention rate of 89% https://lnkd.in/gvwMp64G

This motion tackles a particularly frustrating area of 4A doctrine: the good faith exception. Arguing against the expansive use of the GFE given new technology, it advocates for meaningful govt accountability & protecting individual privacy. https://lnkd.in/deJx2qzm.