Habeas Corpus

The Habeas Corpus is the NCDAA newsletter which provides information regarding current criminal defense issues and updates the membership on activities of the criminal defense bar.

Habeas Corpus is published nine times a year by the Nebraska Criminal Defense Attorneys Association. NCDAA welcomes articles of interest from qualified professionals. We prefer to receive articles in both hard copy and electronically. Please include information which specifies the name of the file containing the article and the format of the file (i.e., WordPerfect, Microsoft Word, plain text, etc.) NCDAA will also consider for publication articles which have appeared elsewhere. NCDAA reserves the right to select and edit material submitted for publication.

If you have an article, announcement or other information for publication in Habeas Corpus, please submit it to NCDAA by the submission deadline dates shown below:

March/April issue: March 3, 2010
May issue: April 14, 2010
June issue: May 26, 2010

2009 Article Index

January 2009

CRIMES INVOLVING MORAL TURPITUDE
AUTHOR: Kevin Ruser
A discussion of this critical element in how criminal convctions affect the status of non-citizens.

NEBRASKA SUPREME COURT RULE MANDATES CONTINUING LEGAL EDUCATION
AUTHOR: Carole McMahon-Boies
A explanation of the requirements and procedures for the new mandatory CLE requirements for Nebraska attorneys.

WITH JUSTICE FOR ALL
AUTHOR: David Herzog
The cases reviewed all involve probable cause for warrantless searches.

February 2009

THE LAW OF SELF-DEFENSE IN NEBRASKA: DO THE NEBRASKA SUPREME COURT AND NJI 7.1 HAVE IT RIGHT?
AUTHOR: Bob Creager
The author makes the argument that the current pattern jury instruction on self-defense does not correctly state the law.

LEGISLATIVE UPDATE
AUTHOR: Coleen Nielsen
A comprehensive list of all bills being followed by NCDAA in the current session of the Unicameral.

WITH JUSTICE FOR ALL
AUTHORS: Bill Erickson, David Herzog
Constitutional issues

March/April 2009

THE "CRIMMIGRATION" MANUAL
AUTHOR: Jessica Milburn
A review of the immigration guide for criminal defense attorneys authored by Professor Kevin Ruser of the UNL College of Law.

BLACK AND BLUE ENCOUNTERS--SOME PRELIMINARY THOUGHTS ABOUT FOURTH AMENDMENT SEIZURES: SHOULD RACE MATTER
AUTHOR: Tracey Maclin
This article details the significant difference between law enforcement contacts with minorities and those with the majority population and how this affects the criminal justice system.

May 2009

BAZE V. REES AND CURRENT ISSUES IN LETHAL INJECTION LITIGATION
AUTHOR: Eric Berger
A summary of current law surrounding lethal injection and some observations about lethal injection litigation.

CHANGES IN INMATE TELEPHONE REGULATIONS POLICY

ROSEBERRY RECOMMENDS USING 'FACTS BEYOND CHANGE' TO AID IN DEFENDING RAPE CASES
AUTHOR: Quintin Chatman
How to deal more effectively with rape shield laws

June 2009

"BECAUSE THE LAW SAYS WE CAN" GANT AND THE "SEARCH INCIDENT" EXCEPTION
AUTHOR: David Tarrell
Analysis of Gant v. Arizona which is a major U.S. Supreme Court decision regarding motions to suppress

WOTH JUSTICE FOR ALL
AUTHOR: David Herzog
Another discussion of Arizona v. Gant

LEGISLATIVE UPDATE
AUTHOR: Coleen Nielsen
A final report on the legislative session and a complete bill list updated to the end of the session

July/August 2009

LB 497 -- IGNITION INTERLOCK PERMIT ISSUANCE
AUTHORS: Noelie Sherdon and Art Wetzel
A chart format providing penalties for DUI cases after May 14, 2009 under the provisions of LR 497 including interlock authorizations

GOT A CLIENT TICKETED FOR BEING A NIGHT OWL?
AUTHOR: Amy Miller
The ACLU looking for a case to test the constitutionality of a new Omaha ordinance prohibiting persons to be on the streets during certain hours.

September 2009

INTERPRETING MELENDEZ-DIAZ V. MASSACHUSETTS, U.S. SUPREME COURT, 2009
AUTHOR: Roger W. Kirst
An analysis of the most recent U.S. Supreme Court confrontation decision

CAN YOU IMAGINE SPENDING TWELVE YEARS ON DEATH ROW FOR A CRIME YOU DID NOT COMMIT?
AUTHOR: Jill L. Francke
A description of the work done by Nebraskans Against the Death Penalty and an announcement of their annual dinner.

TACTICAL USE OF MOTIONS
AUTHOR: Denise E. Frost
Creative ways to use motions and when not to file them.

October 2009

EFFECTIVE USE OF DAUBERT MOTIONS
AUTHOR: Stuart J. Dornan
Background and current status of the Daubert standard for expert witnesses

COMMUNITY CORRECTIONS UPDATE
AUTHOR: Bob Lindemeier
Current status of community corrections programs

THE NCDC EXPERIENCE
AUTHOR: Jeff Loeffler
NCDC scholarship winner talks about the NCDC experience

CRIMINAL CASELAW UPDATE
AUTHOR: Clarence E. Mock
Synopses of recent Nebraska criminal law decisions

November/December 2009

UP FRONT AND PERSONAL: A GUIDE TO AVOIDING CLIENT BAR COMPLAINTS
AUTHOR: James Martin Davis
a comprehensive article discussing potential problems with clients that can result in complaints to the counsel on discipline

CRIMINAL CASELAW UPDATE
AUTHOR: Clarence E. Mock
Synopses of recent Nebraska criminal law decisions

Other Features of the Habeas Corpus

In addition to the articles listed above, the following are regular features in the Habeas Corpus:

Caselaw Reports (summaries of recent case decisions, both Nebraska and nationwide)

Brief Bank Update (summary of new briefs submitted to NCDAA Brief Bank)

With Justice for All (a member column to report significant successes or decisions with potential broad impact)

President's Message (NCDAA's editorial message)

Announcements (items of interest to NCDAA members and information about the association)

Legislative updates during the Unicameral session and information about criminal law bills that are enacted

Information about NCDAA Officers, Board Members, upcoming events and future Habeas Corpus submission deadlines

Past Habeas Corpus Contents