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September 6, 2019
Jonathan Byrne and Andrew Grindrod from the Virginia Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions
August 1, 2019
Jonathan Byrne and Josh Carpenter from the North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions
July 2, 2019
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions
July 2, 2019
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.
July 2, 2019
Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.
April 18, 2019
Jonathan and Jackie DiLauro discuss recent Fourth Circuit and Supreme Court decisions
March 27, 2019
Jonathan and Andrew Grindrod discuss recent Fourth Circuit and Supreme Court decisions
February 11, 2019
Jonathan and Brian Beck discuss recent Fourth Circuit and Supreme Court decisions
December 11, 2018
Jonathan and Alicia discuss recent Fourth Circuit decisions
October 16, 2018
Jonathan and Lex discuss the new United States Sentencing Guidelines amendments taking effect on November 1, 2018.
September 4, 2018
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Alicia Penn from the Federal Public Defender Office in South Carolina.
July 2, 2018
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Brian Beck from the Federal Public Defender Office in Western Virginia.
June 11, 2018
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Josh Carpenter from the Federal Public Defender Office in Western North Carolina.
May 9, 2018
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
March 30, 2018
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.
March 2, 2018
Jonathan Byrne speaks with Andrew Grindrod from the Defender office in Eastern Virginia about some recent Supreme Court and Fourth Circuit decisions.
February 13, 2018
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
December 22, 2017
Jonathan discusses recent Fourth Circuit cases with special guest Josh Carpenter from the Western District of North Carolina.
December 19, 2017
Jonathan, Lex, and Rhett take a brief look at new rules of evidence and appellate procedure.
December 7, 2017
Jonathan talks about new cases dealing with child sexual exploitation, fraud, and the death penalty with Brian Beck from the Western District of Virginia.
November 6, 2017
Jonathan and guest Alicia Penn discuss four new Fourth Circuit cases, covering topics including crimes of violence, child pornography sentences, and health care fraud.
October 2, 2017
In this episode we bring back special guest Emily Harrill to discuss recent Fourth Circuit decisions.
September 6, 2017
In this episode we discuss recent Fourth Circuit decisions with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.
September 5, 2017
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.
June 9, 2017
In this episode we talk about recent Fourth Circuit cases touching on the use of force, prior bad acts, double jeopardy, and coerced statements
April 5, 2017
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.
March 10, 2017
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.
February 14, 2017
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."
December 19, 2016
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.
November 29, 2016
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.
September 16, 2016
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.
August 4, 2016
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.
June 15, 2016
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.
February 18, 2016
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.
December 22, 2015
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.
November 24, 2015
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.
November 6, 2015
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.
October 9, 2015
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.
September 15, 2015
Jonathan and Rachel discuss cell phones, cell towers, the 4th Amendment, the Stored Communications Act, and the pending cases of Graham and Davis.
August 10, 2015
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?
July 15, 2015
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?
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