Kentucky Association of
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KACDL Files Amicus Brief in U.S. Supreme Court Case

KACDL joined with other national organizations, including the National Association of Criminal Defense Lawyers and the National Legal Aid and Defender Association, to file an Amicus Curiae Brief in the United States Supreme Court in the case of Jose Padilla versus Commonwealth of Kentucky (No. 08-651).  The brief supported Petitioner Padilla's claim that his attorney rendered ineffective assistance of Counsel when he misadvised Mr. Padilla, a non-citizen, that he would not face deportation as a result
of his guilty plea when, in fact, deportation was an almost certainty.

From the brief:  "[KACDL] has a particular interest in the issue before this Court
because of the extremely prejudicial consequences that resulted from the incorrect legal advice about the immigration consequences of a conviction provided by an uninformed, unprepared lawyer. A holding that such misrepresentation does not constitute ineffective assistance of counsel because those consequences are 'collateral' is inconsistent with the standards of practice KACDL espouses."

Download KACDL's Amicus Brief in Padilla v. Kentucky

Don't Plead Guilty to FAKE Methamphetamine!

From KACDL Member Mark Stanziano, Somerset, Kentucky

"I recently had a client charged with 5th Degree Possession who was caught with three syringes of what appeared to be (and what she certainly believed to be) meth.  It field-tested positive as meth.  She was prepared to take the prosecutor's offer of Diversion at the last hearing, but I had it continued to get the chem test.  The test came back citing only the presence of N-Isopropylbenzylamine, an isomer of meth whose characteristics mimic that of meth but have no narcotic value.  The case was dismissed."

Download a DEA technical report on this topic

In Nevada, 9 pounds of dimethyl sulfone were
misidentified as methamphetamine in a field test
Charges were later dropped

Read the article from The Nevada Appeal newspaper

6th Circuit Reverses Eastern District of Kentucky Decision
United States v. Lopez Applies Arizona v. Gant

Juan Francisco Lopez was arrested for reckless driving after being clocked at over 100 miles per hour on I-75 in Rockcastle County, Kentucky.  Lopez was handcuffed and placed in the back of the patrol car.  A subsequent search of the passenger compartment of Lopez's vehicle revealed 73 grams of crack cocaine, scales, and a Glock .40 caliber handgun loaded with ten rounds of ammunition.  Lopez moved to suppress the evidence, arguing that the search of his car when he was secured in the back of the police cruiser violated the Fourth Amendment.  The 6th Circuit agreed.

"Lopez was not within reaching distance of his vehicle's passenger compartment at the time of the search, but was instead handcuffed in the back seat of the patrol car by then.  There was no reason to think that the vehicle contained evidence of the offense of arrest, since that offense was reckless driving.  The search of Lopez's vehicle, therefore, violated the Fourth Amendment as interpreted by Gant."  567 F. 3d 755 (6th Cir., June 1, 2009)

Juan Francisco Lopez was represented by KACDL member
Robert E. Norfleet, Somerset, Kentucky

Read United States v. Lopez

Jerry Cox Named Treasurer of the
National Association of Criminal Defense Lawyers

KACDL Lifetime Member and past President Jerry Cox of Mt. Vernon, Kentucky, was sworn in as Treasurer of the National Association of Criminal Defense Lawyers at the Association's 51st Annual Meeting in Boston on August 8.

Founded in 1958, the NACDL has over 12,000 members in 28 countries, and 90 affiliate organizations (including the Kentucky Association of Criminal Defense Lawyers), totaling more than 40,000 attorneys.

You can visit the NACDL website at www.criminaljustice.org

UNITED STATES government report
Forensic Science System Needs Overhaul; Evidence to Support Reliability of Many Techniques is Lacking

 WASHINGTON -- A congressionally mandated report from the National Research Council finds serious deficiencies in the nation's forensic science system and calls for major reforms and new research.  Rigorous and mandatory certification programs for forensic scientists are currently lacking, the report says, as are strong standards and protocols for analyzing and reporting on evidence.  And there is a dearth of peer-reviewed, published studies establishing the scientific bases and reliability of many forensic methods.  Moreover, many forensic science labs are underfunded, understaffed, and have no effective oversight.

Read the National Research Council press release

Read the full report

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SEARCHES:  KNOW YOUR RIGHTS!
POLICE MAY GIVE YOU BAD LEGAL ADVICE
When are police legally allowed to search me?
What is "probable cause"?
When do I have to show ID?
Are the police allowed to lie?
When can police order me out of the car?
Roadblocks: What's the deal?
What are my rights in a college dorm?
Can I be arrested for videotaping or photographing police?
Get answers to these questions and more!

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