Publications & Resources

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*Note: Any opinions, findings, and conclusions or recommendations expressed in Clearinghouse material are those of the author(s) and do not necessarily reflect the views of The Constitution Project.

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The Missing Public Defender
New Report Confronts Lack of Lawyers at Bail Hearings
Closing Gap in Right to Counsel at Bail Hearings Promotes Justice & Saves Taxpayers, Report Says
Don’t I Need A Lawyer? Pretrial Justice and the Right to Counsel at First Judicial Bail Hearing
Reviled clients and our Constitution
  • News
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  • The Denver Post
Statement of The Constitution Project on “The State of Civil and Human Rights in the United States,” U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Human Rights
How to Define ‘Interests of Justice’?
Longtime Federal Attorney: Eric Holder Protects Corrupt Prosecutors
  • News
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  • New York Observer
The Exoneration of Sabein Burgess: pro bono Lawyers Overcome Junk Science and Help to Free an Innocent Man
  • News
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  • Washington Council of Lawyers
Amicus Brief in Ifenatuora v. United States (U.S. Supreme Court, Cert. Stage)
The Constitution Project, on behalf of its National Right to Counsel Committee, submitted an amicus brief to the U.S. Supreme Court in support of the petitioner’s application for certiorari in the case of Ifenatuora v. United States. Thank you to the contributions of Hunton & Williams as they assisted TCP in drafting and filing this brief.

TCP’s Ifenatuora brief raises two important questions relating to the Court’s post-Padilla jurisprudence. The first is that the non-retroactivity principle announced in Teague v. Lane should not apply to ineffective-assistance of counsel claims raised in a federal defendant’s first post-conviction challenge. The second is that the rule established in Padilla v. Kentucky—that the 6th Amendment requires counsel to inform his or her client of the immigration consequences of conviction—is a “watershed” rule of criminal procedure exempt from Teague. TCP’s brief explains that “[j]ust as Gideon revolutionized the way that the criminal justice system dealt with indigents, so too does Padilla revolutionize the way in which the system deals with aliens.”
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