In Plain Cite

By Federal Public Defender, WVS - A Federal Criminal Law Podcast

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Description

In Plain Cite is a podcast about developments in federal criminal defense law, focusing on the US Supreme Court and the Fourth Circuit Court of Appeals, produced by the Federal Public Defender Office in the Southern District of West Virginia.

Episode Date
Ep 57 May 2021 Fourth Circuit Update
39:01

Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

May 10, 2021
Ep 56 April 2021 Fourth Circuit and Supreme Court Update
32:08

Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.

Apr 08, 2021
Ep 55 March 2021 Fourth Circuit Update
39:27

Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.

Mar 09, 2021
Ep 54 February 2021 Fourth Circuit Update
32:53

Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Feb 08, 2021
Ep 53 December 2020 Fourth Circuit and Supreme Court Update
39:59

Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Dec 15, 2020
Ep 52 November 2020 Fourth Circuit and Supreme Court Update
38:37

Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.

Nov 09, 2020
Ep 51 September 2020 Fourth Circuit Update
29:36

Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Oct 06, 2020
Ep 50 August 2020 Fourth Circuit Update
31:57

Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Aug 14, 2020
Ep 49 July 2020 Fourth Circuit Update
29:00

Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Jul 13, 2020
Ep 48 June 2020 Fourth Circuit Update
34:52

Jonathan Byrne and Josh Carpenter from the Western North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.

Jun 12, 2020
Ep 47 May 2020 Fourth Circuit Update
41:27

Jonathan Byrne and Andrew Grindrod from the Eastern Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.

May 11, 2020
Ep 46 April 2020 Fourth Circuit Update
27:49

Jonathan Byrne and Jackie DiLauro of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Apr 08, 2020
Ep 45 March 2020 Fourth Circuit Update
32:15

Jonathan Byrne and Emily Harrell of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Mar 17, 2020
Ep 44 February 2020 Fourth Circuit Update
29:34

Jonathan Byrne and Alicia Penn of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Feb 07, 2020
Ep 43 December 2019 Fourth Circuit Update
56:05

Jonathan Byrne and Brian Beck of the Western Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.

Dec 20, 2019
Ep 42 November 2019 Fourth Circuit Update
31:58

Jonathan Byrne and Jackie DiLauro of the North Carolina Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions.

Nov 15, 2019
Ep 41 August 2019 Fourth Circuit Update
43:18

Jonathan Byrne and Andrew Grindrod from the Virginia Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions

Sep 06, 2019
Ep 40 July 2019 Fourth Circuit Update
38:57

Jonathan Byrne and Josh Carpenter from the North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions

Aug 01, 2019
Ep 39 June 2019 Fourth Circuit and Supreme Court Update Part 2
36:40

Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions

Jul 02, 2019
Ep 38 June 2019 Fourth Circuit and Supreme Court Update
30:07

Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.

Jul 02, 2019
Ep 37 April 2019 Fourth Circuit Update
37:14

Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.

Jul 02, 2019
Ep 36 March 2019 Fourth Circuit Update
26:00

Jonathan and Jackie DiLauro discuss recent Fourth Circuit and Supreme Court decisions

Apr 18, 2019
Ep 35 February 2019 Fourth Circuit Update
37:26

Jonathan and Andrew Grindrod discuss recent Fourth Circuit and Supreme Court decisions

Mar 27, 2019
Ep 34 January 2019 Fourth Circuit Update
50:21

Jonathan and Brian Beck discuss recent Fourth Circuit and Supreme Court decisions

Feb 11, 2019
Ep 33 November 2018 Fourth Circuit Update
26:02

Jonathan and Alicia discuss recent Fourth Circuit decisions

Dec 11, 2018
Ep 32 October 2018 US Sentencing Guidelines Update
32:32

Jonathan and Lex discuss the new United States Sentencing Guidelines amendments taking effect on November 1, 2018.

Oct 16, 2018
Ep 31 August 2018 Fourth Circuit and Supreme Court Update
28:35

Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Alicia Penn from the Federal Public Defender Office in South Carolina.

Sep 04, 2018
Ep 30 June 2018 Fourth Circuit and Supreme Court Update
46:03

Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Brian Beck from the Federal Public Defender Office in Western Virginia.

Jul 02, 2018
Ep 29 May 2018 Fourth Circuit and Supreme Court Update
39:20

Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Josh Carpenter from the Federal Public Defender Office in Western North Carolina.

Jun 11, 2018
Ep 28 April 2018 Fourth Circuit and Supreme Court Update
30:40

Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.

May 09, 2018
Ep 27 Fourth Circuit Update No 2 March 2018
26:33

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.

Mar 30, 2018
Ep 26 March Fourth Circuit and Supreme Court Update
38:03

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.

Mar 02, 2018
Ep 25 Fourth Circuit and Supreme Court Update
34:48

Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.

Feb 13, 2018
Ep 24 December Fourth Circuit Update 2
35:41

Jonathan discusses recent Fourth Circuit cases with special guest Josh Carpenter from the Western District of North Carolina.

Dec 22, 2017
Ep 23 New Rules for 2018
20:17

Jonathan, Rhett, and Lex discuss new rules of evidence and appellate procedure

Dec 19, 2017
Ep 22 Fourth Circuit Update November 2017
26:52

Jonathan talks about new cases dealing with child sexual exploitation, fraud, and the death penalty with Brian Beck from the Western District of Virginia.

Dec 07, 2017
Ep 21 Fourth Circuit Update October 2017
31:05

Jonathan and guest Alicia Penn discuss four new Fourth Circuit cases, covering topics including crimes of violence, child pornography sentences, and health care fraud.

Nov 06, 2017
Ep 20 Fourth Circuit Update September 2017
31:51

In this episode we bring back special guest Emily Harrill to discuss recent Fourth Circuit decisions.

Oct 02, 2017
Ep 19 Fourth Circuit update with Special Guest Emily Harrill
27:44

In this episode we discuss recent Fourth Circuit decisions with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.

Sep 06, 2017
Ep 18 2017 Sentencing Commission Update
25:56

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.

Sep 05, 2017
Ep 17 Fourth Circuit Update
43:07

In this episode we talk about recent Fourth Circuit cases touching on the use of force, prior bad acts, double jeopardy, and coerced statements

Jun 09, 2017
Ep16 AFPD Interview
15:26

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.

Apr 05, 2017
Ep15 Beckles Is Here
30:58

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.

Mar 10, 2017
Ep 14 - Overincarceration
40:12

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."

Feb 14, 2017
Ep 13 - 2017 Preview of Sentencing Guideline Amendments
46:33

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.

Dec 19, 2016
Ep 12 - Supervised Release Recommendations
45:37

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.

Nov 29, 2016
Ep 11 - Supreme Court Update
51:15

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.

Sep 16, 2016
Ep. 10 - Supervised Release
14:00

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.

Aug 04, 2016
Ep. 9 - Johnson Deadline
25:17

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.

Jun 15, 2016
Ep. 8 - Fourth Circuit Fourth Amendment
43:45

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.

Feb 18, 2016
Ep. 7 - Sentencing Commission on US v Johnson
30:45

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.

Dec 22, 2015
Ep. 6 - 2015 USSG Amendments
29:56

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.

Nov 24, 2015
Ep. 5 - Clemency
52:58

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.

Nov 06, 2015
Episode 4 - Johnson update
26:43

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.

Oct 09, 2015
Episode 3 - Cell phones
22:57

Jonathan and Rachel discuss cell phones, cell towers, the 4th Amendment, the Stored Communications Act, and the pending cases of Graham and Davis.

Sep 15, 2015
Ep. 2 - Congressional Update
21:25

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?

Aug 10, 2015
Ep. 1 - Johnson and Armed Career Criminal Act
17:22

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?

Jul 15, 2015