Learn how you can help ensure that the principle of due process endures this crisis.

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    • Opportunities
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    • COVID Due Process Issues
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COVID-19 Due Process Concerns

A Webinar for Defense Lawyers on the Front Lines

Key Court Rulings

United States v. Zukerman

United States v. Zukerman

United States v. Zukerman

Southern District of New York approved compassionate release motion for individuals after finding that COVID-19 serves as an exception to the exhaustion requirement located in federal law and serves as a  “extraordinary and compelling reason" for sentence modification.


Jurisdiction: Federal

Citation: 2020 WL 1659880

United States v. Ramos

United States v. Zukerman

United States v. Zukerman

District of Massachusetts released an individual from pretrial detention because his asthma prevents him from “readily flee[ing] the district” and detention would pose a “very serious risk to his health.” 


Jurisdiction: Federal

Citation: 2020 WL 1478307

United States v. Gonzalez

United States v. Zukerman

United States v. Gonzalez

Eastern District of Washington granted a motion for compassionate release for individual incarcerated in Spokane County Jail awaiting transfer to BOP because she is from the "most susceptible age category," medical condition makes her "particularly vulnerable," and "it is impossible to practice social distancing or isolation in a jail setting."


Jurisdiction: Federal 

Citation: 2020 WL 1536155

United States v. Perez

United States v. Rodriguez

United States v. Gonzalez

Southern District of New York approved compassionate release motion for individual with three weeks remaining on sentence after finding that "pursuing the administrative process would be a futile endeavor" and his medical condition served as "'extraordinary and compelling reasons' to reduce his sentence to time served." 


Jurisdiction: Federal 

Citation: 2020 WL 1546422

United States v. Jepsen

United States v. Rodriguez

United States v. Rodriguez

District of Connecticut found that chronic health conditions alone do not serve as an "extraordinary and compelling" reason for the court to grant a compassionate release motion. The Court found that Mr. Jepsen was in a "unique position" given that he had less than eight weeks to serve on his sentence and this fact combined with his health condition serves as a “extraordinary and compelling” reasons to grant the motion for compassionate release.


Jurisdiction: Federal

Citation: 2020 WL 1640232

United States v. Rodriguez

United States v. Rodriguez

United States v. Rodriguez

Eastern District of Pennsylvania found that the policy statement of the United States Sentencing Commission serves as "'helpful guidance' but does not limit the Court's independent assessment of whether 'extraordinary and compelling reasons' exist" while granting compassionate release for individual at "high risk of grave illness or death if he gets infected with coronavirus."


Jurisdiction: Federal

Citation: 2020 WL 1627331

United States v. Campagna

United States v. Campagna

United States v. Campagna

Southern District of New York approved defendant to serve remainder of sentence in home confinement upon the government's consent and finding the defendant's "compromised immune system, taken in concert with the COVID-19 public health crisis, constitutes an extraordinary and compelling reason." 


Jurisdiction: Federal

Citation: 2020 WL 1489829

United States v. Muniz

United States v. Campagna

United States v. Campagna

Southern District of Texas grants individual's motion for compassionate release upon finding that his medical condition presented an "extraordinary and compelling reason" and his reduced sentence "adequately expresses the seriousness of the offense, deters criminal conduct, and protects the public"


Jurisdiction: Federal

Citation: 2020 WL 1540325

United States v. Adamu

United States v. Campagna

Dinning v. United States

Southern District of New York denied defendant's motion for release on bail after finding that COVID-19 did not serve as a "compelling reason" for release under federal law because it was a "generalized argument" in his circumstances. The court also noted his Sixth Amendment right to counsel was not violated by the Bureau of Prison's decision to suspend all legal visit for 30 days because such decision was reasonable "in light of the global pandemic and the threat it poses to inmates, residents of New York City, and the nation at large."


Jurisdiction: Federal

Citation: 2020 WL 1821717

Dinning v. United States

Dinning v. United States

Dinning v. United States

 Eastern District of Virginia denied defendant's motion for compassionate after finding he "still presents the same threats to the community today as were present at the time of his conviction" and "diminish[ed] his wrongdoing" in the motion.


Jurisdiction: Federal

Citation: 2020 WL 1889361

Samy v. United States

Dinning v. United States

Samy v. United States

 Eastern District of Michigan waived the exhaustion requirements for compassionate release after noting that the defendant had been denied release after petitioning  "the BOP for compassionate release at least six times." The court found an "extraordinary and compelling reason" because her continued "incarceration under the current circumstances could be a lethal decision."


Jurisdiction: Federal

Citation: 2020 WL 1888842

Helpful Resources

Motion to Challenge Continued Pre-Trial Confinement of At-Risk Clients

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

Motion to Challenge Continued Pre-Trial Confinement of At-Risk Clients

The federal defenders have drafted a template for motions to challenge the continued pretrial detention of defendants who are high risk given the CIVD-19 crisis.  

Find out more

Order Establishing Procedures for Filing Emergency Motions for Release

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

Motion to Challenge Continued Pre-Trial Confinement of At-Risk Clients

Criminal Standing Order of March 22nd, 2020: The D.C. Superior Court has issued an order outlining the criteria judges should consider in evaluating filings requesting the immediate release of defendants on account of COVID-19. 


We encourage other Courts to do the same.

Read the Order

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

The New Jersey Supreme Court issued an order late Sunday night that will suspend or commute county jail sentences for low-risk inmates in light of the public health emergency caused by COVID-19. The order commutes or suspends county jail sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction. 

Find Out More

PDS + ACLU Lawsuit in District of Columbia

PDS + ACLU Lawsuit in District of Columbia

A Model for the States: New Jersey Mediation Yields Agmt on Release of Low-Risk Inmates

The ACLU of the District of Columbia and the Public Defender Service for the District of Columbia have sued the D.C. Department of Corrections for "unconstitutional conditions for all 1,600-plus individuals housed at the jail and its adjacent custodial treatment facility." The suit has received amicus support from the Fraternal Order of Police for the District of Columbia Department of Corrections. 

Complaint + Motion

The S.A.F.E.R. Plan

PDS + ACLU Lawsuit in District of Columbia

Black Public Defender Association

Comprehensive recommendations for how governments should respond in order to help ameliorate the harm of COVID-19 to those in our criminal legal system.  

Find out more

Black Public Defender Association

PDS + ACLU Lawsuit in District of Columbia

Black Public Defender Association

BPDA is collecting resources to assist legal aid and defense attorneys in the representation of their clients.

Find out more

Other Assistance

FAMM

National Association of Criminal Defense Lawyers

National Association of Criminal Defense Lawyers

FAMM is providing multiple resources, particularly focused on the currently incarcerated. Families of incarcerated may request assistance.

Learn more

National Association of Criminal Defense Lawyers

National Association of Criminal Defense Lawyers

National Association of Criminal Defense Lawyers

 

NACDL is collecting resources to assist attorneys with clients detained during the COVID-19 crisis. 

Learn more

National District Attorneys Association

National Association of Criminal Defense Lawyers

National Legal Aid + Defender Association

NDAA and CNA have partnered during the COVID-19 pandemic to arm prosecutors with effective best practices and targeted resources to keep their communities and those in the criminal justice system safe and secure.

Learn more

National Legal Aid + Defender Association

National Legal Aid + Defender Association

National Legal Aid + Defender Association

NLADA is collecting resources to assist legal aid and defense attorneys in their representation of clients.  

Learn more

Defender Services Office

National Legal Aid + Defender Association

National Center for State Courts

The training division for the federal defenders is offering webinars and other resources to aid in the representation of people incarcerated during the crisis. 

Learn more

National Center for State Courts

National Legal Aid + Defender Association

National Center for State Courts

NCSC is tracking the response by state courts for jury trials, courthouse entrance, in-person proceedings, deadline extensions, and use of digital technology.  

Learn more

Brennan Center for Justice

Brennan Center for Justice

Brennan Center for Justice

The Brennan Center is tracking formal policy changes of all federal, immigration, and state courts. 

Learn more

The Marshall Project

Brennan Center for Justice

Brennan Center for Justice

The Marshall Project is tracking how correctional systems are changing visitation policies in response to COVID-19.  

Learn more

Fair Trials

Brennan Center for Justice

Police Executive Research Forum

Fair Trials is tracking how criminal justice systems around the world are responding to COVID-19. 

Learn more

Police Executive Research Forum

Police Executive Research Forum

Police Executive Research Forum

PERF is tracking how law enforcement agencies are responding to COVID-19. 

Learn more

Vera Institute of Justice

Police Executive Research Forum

Vera Institute of Justice

Vera and Community Oriented Correctional Heath Services have created a series of fact sheets to guide the responses of actors in the criminal legal system. 

Learn more

The Deason Center

Police Executive Research Forum

Vera Institute of Justice

The Deason Center is documenting how local criminal justice systems are responding to COVID-19. This information will be used for future research and campaigns.

Learn more

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