Latest Courtofappeals Podcast Episodes

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Ep 27 Fourth Circuit Update No 2 March 2018

In Plain Cite - March 30, 2018 16:02 - 26 minutes ★★★★★ - 22 ratings
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.

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Ep 26 March Fourth Circuit and Supreme Court Update

In Plain Cite - March 02, 2018 14:25 - 38 minutes ★★★★★ - 22 ratings
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.

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Ep 25 Fourth Circuit and Supreme Court Update

In Plain Cite - February 13, 2018 15:00 - 34 minutes ★★★★★ - 22 ratings
Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.

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Ep 24 December Fourth Circuit Update 2

In Plain Cite - December 22, 2017 16:30 - 35 minutes ★★★★★ - 22 ratings
Jonathan discusses recent Fourth Circuit cases with special guest Josh Carpenter from the Western District of North Carolina.

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Ep 23 New Rules for 2018

In Plain Cite - December 19, 2017 14:52 - 20 minutes ★★★★★ - 22 ratings
Jonathan, Rhett, and Lex discuss new rules of evidence and appellate procedure

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Ep 22 Fourth Circuit Update November 2017

In Plain Cite - December 07, 2017 19:40 - 26 minutes ★★★★★ - 22 ratings
Jonathan talks about new cases dealing with child sexual exploitation, fraud, and the death penalty with Brian Beck from the Western District of Virginia.

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Ep 21 Fourth Circuit Update October 2017

In Plain Cite - November 06, 2017 16:32 - 31 minutes ★★★★★ - 22 ratings
Jonathan and guest Alicia Penn discuss four new Fourth Circuit cases, covering topics including crimes of violence, child pornography sentences, and health care fraud.

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Ep 20 Fourth Circuit Update September 2017

In Plain Cite - October 02, 2017 18:03 - 31 minutes ★★★★★ - 22 ratings
In this episode we bring back special guest Emily Harrill to discuss recent Fourth Circuit decisions.

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Ep 19 Fourth Circuit update with Special Guest Emily Harrill

In Plain Cite - September 06, 2017 18:49 - 27 minutes ★★★★★ - 22 ratings
In this episode we discuss recent Fourth Circuit decisions with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.

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Ep 18 2017 Sentencing Commission Update

In Plain Cite - September 05, 2017 17:27 - 25 minutes ★★★★★ - 22 ratings
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.

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Ep 17 Fourth Circuit Update

In Plain Cite - June 09, 2017 13:52 - 43 minutes ★★★★★ - 22 ratings
In this episode we talk about recent Fourth Circuit cases touching on the use of force, prior bad acts, double jeopardy, and coerced statements

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Ep16 AFPD Interview

In Plain Cite - April 05, 2017 12:33 - 15 minutes ★★★★★ - 22 ratings
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, w...

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Ep15 Beckles Is Here

In Plain Cite - March 10, 2017 18:30 - 30 minutes ★★★★★ - 22 ratings
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 othe...

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Ep 14 - Overincarceration

In Plain Cite - February 14, 2017 18:51 - 40 minutes ★★★★★ - 22 ratings
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."

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Ep 13 - 2017 Preview of Sentencing Guideline Amendments

In Plain Cite - December 19, 2016 14:08 - 46 minutes ★★★★★ - 22 ratings
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.

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Ep 12 - Supervised Release Recommendations

In Plain Cite - November 29, 2016 18:40 - 45 minutes ★★★★★ - 22 ratings
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.

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Ep 11 - Supreme Court Update

In Plain Cite - September 16, 2016 13:23 - 51 minutes ★★★★★ - 22 ratings
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 misdeme...

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Ep. 10 - Supervised Release

In Plain Cite - August 04, 2016 20:28 - 14 minutes ★★★★★ - 22 ratings
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.

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Ep. 9 - Johnson Deadline

In Plain Cite - June 15, 2016 13:29 - 25 minutes ★★★★★ - 22 ratings
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.

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Ep. 8 - Fourth Circuit Fourth Amendment

In Plain Cite - February 18, 2016 16:27 - 43 minutes ★★★★★ - 22 ratings
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.

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Ep. 7 - Sentencing Commission on US v Johnson

In Plain Cite - December 22, 2015 20:46 - 30 minutes ★★★★★ - 22 ratings
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 ...

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Ep. 6 - 2015 USSG Amendments

In Plain Cite - November 24, 2015 22:09 - 29 minutes ★★★★★ - 22 ratings
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, ...

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Ep. 5 - Clemency

In Plain Cite - November 06, 2015 20:21 - 52 minutes ★★★★★ - 22 ratings
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.

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Episode 4 - Johnson update

In Plain Cite - October 09, 2015 20:46 - 26 minutes ★★★★★ - 22 ratings
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, Tay...

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Episode 3 - Cell phones

In Plain Cite - September 15, 2015 17:12 - 22 minutes ★★★★★ - 22 ratings
Jonathan and Rachel discuss cell phones, cell towers, the 4th Amendment, the Stored Communications Act, and the pending cases of Graham and Davis.

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Ep. 2 - Congressional Update

In Plain Cite - August 10, 2015 19:18 - 21 minutes ★★★★★ - 22 ratings
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?

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Ep. 1 - Johnson and Armed Career Criminal Act

In Plain Cite - July 15, 2015 17:40 - 17 minutes ★★★★★ - 22 ratings
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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