About DSCRAP

DSCRAP is a panel of federal defenders assisting other defenders and court-appointed counsel engaged in Supreme Court litigation: brainstorming issues, preparing and finalizing petitions and merits briefs, coordinating amicus curiae, and conducting moot courts in final preparation for oral argument. Panel members have vast experience as counsel of record in hundreds of cases before the Court, including authoring briefs in dozens of cert grants and arguing orally in many individual cases.

DSCRAP's goal is to perfect written and oral advocacy before the Court. Assistance is provided without fee or obligation. Recent case participation is summarized in the posts that follow.

Sullivan v. Florida

Bryan A. Stevenson, counsel of record for petitioner.

Graham v. Florida

John S. Mills, counsel of record for in forma pauperis petitioner.

Bloate v. United States

Mark T. Stancil, Robbins, Russell, et al, private counsel of record for petitioner.

United States v. Stevens

Lisa B. Freeland, Federal Public Defender, and Karen Sirianni Gerlach, AFPD, WD PA, counsel of record for respondent.

Pottawattamie County, IA v. Harrington

Jeffrey W. Sarles, Mayer Brown, private counsel of record for petitioner.

Johnson v. United States

Lisa Call, AFPD and FPD Donna Elm, counsel of record for petitioner. Also, Jim Skuthan of MDFL office. Brainstorming and brief editing by Tim Crooks, Phil Lynch, Donna Coltharp, Brenda Bryn, Margaret Katze, Judy Mizner, Margy Meyers, Denise Barrett, Mike Sokolow, Miriam Conrad, Stephen McCue, Henry & Fran.

Smith v. Spisak

Michael J. Benza, private counsel of record for respondent.

Maryland v. Shatzer

Celia Anderson Davis, Assistant Public Defender, counsel of record for respondent.

McDaniel v. Brown

AFPD Paul Turner and FPD Franny Forsman, counsel of record for respondent.

Bobby v. Bies

Randall Porter, Office of the Ohio Public Defender, counsel of record for respondent.

Nijhawan v. Mukasey

Thomas Moseley, private counsel of record for petitioner.

Safford Unified School District v, Redding

Adam B. Wolf, private counsel of record for respondent.

Abuelhawa v. United States

Sri Srinivasan of O'Melveny & Myers, private counsel of record for petitioner.

Yeager v. United States

Samuel J. Buffone, private counsel of record, for petitioner.

Dean v. United States

Scott T. Forester of Calhoun, Georgia, counsel of record for petitoner, in forma pauperis, assisted by Sidley Austin.

Decided 7-2 in favor of respondent.

District Attorney’s Office v. Osborne

Private counsel of record for respondent.

Flores-Figeuroa v. United States

Private counsel of record.

Decided 9-0 in favor of petitioner.

Vermont v. Brillon

William Nelson, counsel of record, in forma pauperis, for respondent.

Reversed 7-2.

Rivera v. Illinois

James Leven, counsel of record, in forma pauperis.

Decided unanimously in favor of respondent.

Puckett v. United States

Lars Robert Isaacson, private counsel of record, in forma pauperis.

Decided 7-2 for respondent.

Montejo v. Louisiana

Donald Verrilli, of Jenner & Block, private counsel of record.

Kansas v. Ventris

Matthew Edge, counsel of record for respondent, Kansas Appellate Public Defender Office.

Reversed 7-2.

Corley v. United States

David McColgin, counsel of record, Supervising Appellate Attorney for the Federal Defender Association of Philadelphia. Brainstorming issues and development of amicus positions by David, Brett Sweitzer, Steve Hubachek, Jeff Green (Sidley Austin) and Paul Rashkind. Authoring of brief by David and Brett, with edits by Steve, Jeff, Carlton Gunn, Sarah Gannett, Rob Epstein, Christy Unger, and Paul.

Merits brief of petitioner is available here. The amicus brief of NACDL and NAFD is here.

Decided 5-4 for petitioner.

Boyle v. United States

Marc Fernich, private counsel of record.

Harbison v. Bell

Dana C. Hansen Chavis, counsel of record, and Stephen M. Kissinger, both of the Federal Defender Service of Eastern Tennessee, for petitioner.

Decided 7-2 for petitioner.

Arizona v. Johnson

Mary Edith Cunningham, counsel of record for respondent, APD, Pima County Public Defender's Office.

Cone v. Bell

Thomas Goldstein, private counsel of record, and Paul Bottei, Assistant Federal Public Defender, Middle District of Tennessee.

Vacated and remanded 7-2.

Bell v. Kelly

Richard P. Bress, Latham & Watkins, private counsel of record. Henry, Fran and Paul in discussions concerning NAFD and NACDL amicus support to be authored by Justin Marceau, AFPD in Arizona. David Porter is attempting to get NACDL on board. Justin and Andrea Lyon, DePaul Law School, collaborated on an amicus brief that was filed on behalf of NAFD; motion for leave to file amicus granted here.

Cert dismissed as improvidently granted.

Chambers v. United States

Philip J. Kavanaugh, FPD; Andrea L. Smith, AFPD + private counsel of record Robert Hochman (Sidley Austin).

Decided 9-0 for petitioner.

United States v. Hayes

Troy Giatris, private counsel of record for respondent.

Decided 7-2 in favor of petitioner.

Pearson v. Callahan

Robert Long, Covington & Burling, private counsel of record for respondent. Argued by Theodore Melzer.

Oral argument transcript here.

Decided unanimously in favor of petitioner.

Jimenez v. Quarterman

Pro se petitioner.Tom Goldstein, private counsel of record filed appearance.

Decided 9-0 for petitioner.

Oregon v. Ice

Petition filed by Peter Gartlan, Office of Public Defense Services. Ernest G. Lannett, of the same office, was appointed by the Court as counsel of record for respondent.

Oral argument transcript now available here.

Decided 5-4 in favor of petitioner.

Waddington v. Sarausad

Patricia Novotny & David Zuckerman, private counsel of record for respondent. Initial conference with Henry and Paul. David Porter to assist in merits brief preparation.

Decided 6-3 in favor of petitioner.

Melendez-Diaz v. Massachusetts

Jeff Fisher & Stanford Law Clinic, counsel of record. Donna Coltharp, Judy Mizner and Steve Moss did significant editing on the amicus brief filed by NAFD, NACDL and the National College of DUI Defense, a copy of which is available here.

Arizona v. Gant

Private counsel of record. Discussion with counsel concerning amicus support by Fran Pratt. Oral argument for respondent by Thomas Jacobs. Transcript is here.

Affirmed 5-4

Herring v. United States

Private counsel of record. Argued by Pam Karlin of Stanford. Transcript of the oral argument is here.

Decided 5-4 in favor of respondent.

Cuellar v. United States

Jerry Beard, AFPD, counsel of record; Richard Anderson, FPD. Brief editing by Jill Wichlens and Henry Bemporad. Moot court by Henry, Horatio Aldredge, and Judy Madewell.

Petitioner's brief is available here and NACDL amicus available here

Decided unanimously in favor of petitioner.

Burgess v. United States

Pro se petitioner. Jeff Fisher, of the Stanford Supreme Court Litigation Clinic , moved to be appointed counsel and that motion was granted January 14, 1008. Henry, Fran and Paul discussed possible amicus support. NACDL and FAMM filed an amicus brief on lenity and Amy Baron-Evans provided a state-by-state survey in support.

Decided unanimously for respondent.

Irizarry v. United States

Arthur Madden, CJA counsel of record. Initial contact with counsel by Paul to assemble team. Team of Phil Lynch and Donna Coltharp, Jerry Beard, Henry, Fran, and Paul assist in brainstorming. Jason, Donna and Phil assist in merits brief preparation and editing. Kristen Rogers serves as liaison with counsel. Jerry and Jason Hawkins assist in moot court.

Decided 5-4 in favor of respondent.

Giles v. California

Private counsel of record.

Decided 6-3 for petitioner.

State of the Practice, Defender Style

Tom Goldstein and Akin Gump recently appraised their Supreme Court practice this Term. Akin did a mid-Term summary of its SCOTUS practice, taking credit for five of their own cases and five more through their various tributaries (Howe & Russell and the Stanford Supreme Court Litigation Clinic). That's five cases for an international law firm of over 900 lawyers, four for a prominent law school program headed by our friend, Jeff Fisher, and one more for Tom's former firm. We have to admit that is a very impressive involvement in the High Court's current Term.

DSCRAP is pleased to trumpet just as loudly. As of mid-Term, our merry band of defenders has provided resources and assistance to counsel in ten cases this Term, coordinated amicus support in six cases, and authored in whole or in part five merits briefs, five amicus briefs, and one brief in opposition -- check them out throughout this page.

By Term's end, four cases will be argued by Akin lawyers. By Term's end, five cases will be argued by federal defenders. We have had an enjoyable and productive Term.

Greenlaw v. United States

Private counsel of record.

Decided 7-2 for petitioner.

Kennedy v. Louisiana

Private counsel of record.

Decided 5-4 in favor of petitioner.

United States v. Baker

John K. Henderson, Jr., AFPD, counsel of record. Consultation with Henry concerning decision of the Tenth Circuit Court of Appeals about filing of rehearing en banc and potential cert petition.

Rothgery v. Gillespie County, TX

Private counsel of record. Henry Bemporad conferred with counsel below.

Decided 8-1 for petitioner.

Indiana v. Edwards

State Public Defender serves as counsel of record. Discussion of propriety of Godinez-like amicus by NACDL, by Fran, Henry and Paul.

Decided 7-2 in favor of petitioner.

Arave v. Hoffman

Joan Fisher, AFPD, counsel of record. DSCRAP Liaison: Janice Bergmann.

Dismissed as moot on motion of the parties.

United States v. Ressam

Tom Hillier, FPD, counsel of record; Laura Mate, AFPD, co-counsel. Brainstorming Brief in Opposition by Henry Bemporad and Paul Rashkind. Merits brief editing support by Phil Lynch.

Brief in Opposition available here.

Ressam's merits brief is available here and NACDL's amicus brief is here.

Decided in favor of petitioner, 8-1.

United States v. Rodriguez

Private counsel of record. Coordination of NAFD amicus support by Amy Baron-Evans, Henry Bemporad and Fran Pratt.

Decided in favor of petitioner, 6-3.