Program Materials
Reading Materials for NC Racial Equity Network Fall Webinar – September 24, 2021:
Narrative Defense and Racial Justice
- How to Begin a Story
- Knowing Your Client
- The Crime Itself
- To Fall in Love with Anyone
- Narrative Defense and Racial Justice – Leslie Jill Patterson PowerPoint Presentation
Storytelling and the Ethics of Interracial and Intraracial Representation
- Defending Racial Violence
- Legal Storytelling and Narrative
- White Lawyering Rethinking Race Lawyer Identity And Rule Of Law
Reading Materials for NC REN Annual Convening, December 2 and December 4, 2020:
Batson at a Crossroads: Developments in North Carolina and Beyond
- Batson Amicus Brief – Hobbs and Bennett
- Silas Batson Amicus
- Assembly Bill 3070
- Hobbs, social scientist amicus brief
- Whitewashing the Jury Box
- Batson_Wheeler Doesn’t Work
- Miles NAACP LDF Amicus
- Smith Cert Petition_FINAL
- Smith v California_Brief of Amici Curiae the ACLU et al in Support of Petitioner
- Smith-Pequeno_Marcos – Batson TX
- The Role of Race in Jury Selection: A Review of North Carolina Appellate Decisions, James E. Coleman Jr. and David C. Weiss (scroll to page 13)
- What Justice Thomas Gets Right About Batson, Thomas Frampton
- For Cause: Rethinking Racial Exclusion and the American Jury, Thomas Frampton
- The Persistence of Discrimination in Jury Selection: Lessons from North Carolina and Beyond, James E. Coleman
Updating Your Toolkit: Batson and Fair Cross Section Litigation Strategies
- Quick Guide – Batson Objections – 2020
- Index to Sample Motions
- 1. Defendant’s Motion Complete Recordation Pretrial and Trial
- 2. Defendant’s Motion Juror Questionnaire, Note Race and Gender of Jurors
- 2a. Exhibit A – Juror questionnaire – Long Form
- 2a. Exhibit B – Juror Questionnaire – Race, gender, age only
- 3. Defendant’s Motion to Prohibit Impermissibly – Motivated Strikes and Consideration of Historical Evidence
- 3. Motion to Prohibit Discrimination – Exhibit A – MSU study
- 3. Motion to Prohibit Discrimination – Exhibit B – Jury Sunshine project
- 3. Motion to Prohibit Discrimination – Exhibit C – Mary Rosel Durham study
- 4. Defendant’s Motion for Discovery of Information Pertaining to Batson Litigation
- 5. Defendant’s Motion to Apply Objective Observer Standard
- 6. Defendant’s Motion to Preserve Jury Selection Docs
- Fair Cross Section: Nuts and Bolts – Hannah Autry PowerPoint Presentation 2020
- Updating your Batson Toolkit – Elizabeth Hambourger PowerPoint Presentation
Racial Justice and the Fourth Amendment: Emerging Developments
- NC REN 2020 Fourth Amendment Case Paper
- Traffic Stop Federalism: Protecting North Carolina Black Drives from the United States Supreme Court
- Fourth Amendment PowerPoint Presentation
The Governor’s Task Force on Racial Equity in Criminal Justice: Key Takeaways for Defenders
- North Carolina Task Force or Racial Equity in Criminal Justice
- North Carolina Task Force for Racial Equity in Criminal Justice PowerPoint Presentation
The Lawyer’s Ethical Obligation to Understand and Address Structural Racism
- Center for Death Penalty Litigation’ Racist Roots Project
- Racist Roots: Origins of North Carolina’s Death Penalty PowerPoint Presentation by Madhu Swarna (While the presenter won’t go over all the information in each slide, the case studies and examples are all discussed on the website and are meant to highlight the themes for each time period)
Campaign to Remove Confederate Monuments from North Carolina Courthouses
- 31 General Lee – Renewed
- Complaint — NAACP v. Gaston County (November 12, 2020)
- Defense No 0031 – Addendum
- Defense No 0031 – General Lee
- General Lee Order – Judge Sanner – (November 15, 2019)
- Lee Removal Order
- Order removing Stuart Portrait – Martinsville
- Ruffin Statement Press Release – NC CRED
- Ruffin Statement – NC CRED – to Chief Justice Beasley
Optional Reading Materials for NC REN Annual Convening: Advancing Racial Equity, Building Community, and Changing the Narrative, December 6, 2019:
- Arrested, Jailed, Charged with a Felony. For Voting.
- Breaking Blue: Challenging Police Officer Credibility
- About the Black Public Defender Association
- User Guide: Open Data Policing
- Bias in Blue: Instructing Jurors to Treat the Testimony of Police Officer Witnesses with Caution
- Juvenile Life Without Parole in North Carolina
- Race and the Voluntariness of Consent
- State vs Bratcher
- ACLU Amicus Brief
- Defending Voter Prosecutions Materials (Dropbox)
- Sample Restorative Justice Confidentiality Motion Order
- Sample Restorative Justice Transcript of Plea Attachment
- Restorative Justice Trial Briefs Article
Required Reading Materials for NC Racial Equity Training VI: Seeking Racial Justice at Sentencing, December 7, 2018:
Required Reading Materials for NC Racial Equity Training V: Jury Issues, September 7, 2018:
- Raising Issues of Race in North Carolina Criminal Cases: Chapter Six
- Raising Issues of Race in North Carolina Criminal Cases: Chapter Seven
- 16 Things Every Defense Lawyer Should Know about Fair Cross Section Challenges by Nina Chernoff
- Questioning Prospective Jurors about Possible Racial or Ethnic Bias: Lessons from Pena-Rodriguez v. Colorado by Alyson A. Grine
Additional Reading Materials for NC Racial Equity Training V: Jury Issues, September 7, 2018:
- Batson Objections A Quick Guide
- Motion to Prohibit Peremptory Strikes Based on Race
- Motion for Discovery of Information Pertaining to Jury Selection Training
- Motion to Preserve All Notes, Questionnaires, and Other Documents from Jury Selection
- Notice of Intent & Request for Judicial Notice
- Motion for Complete Recordation
- Motion to Distribute Juror Questionnaire
- Motion for Individual Voir Dire
- Batson Motion NC Constitution
- Superior Court Questionnaire
- General Rule 37: Jury Selection
- Trial Counsel’s Batson Notice
Recommended Reading Materials for NC Racial Equity Training V: Jury Issues September 7, 2018:
- Blog Post on Pena Rodriguez
- Jury Pool Composition Study
- State of the North Carolina Judiciary
- Talking to Jurors about Race
Assigned Reading Materials for NC Racial Equity Training IV: Pretrial Justice, June 1, 2018:
- Raising Issues of Race in North Carolina Criminal Cases: Chapter Four
- Where Pretrial Improvements are Happening, Pretrial Justice Institute
- Criminal Legal Financial Obligations Chart by Jamie Markham
- Series on Pretrial Release/ Money Bail, NC Policy Watch
- Give Us Free – Cynthia E Jones by Cynthia E. Jones
- Habeas Petition seeking Review of Pretrial Detention
- North Carolina Update, Pretrial Justice Institute
- The History of Bail and Pretrial Release by Timothy R. Schnacke, Michael R. Jones, and Claire M.B. Brooker
- Race Bias and the Importance of Consciousness for Criminal Defense Attorneys by Andrea D. Lyon
- Motion to Strike Suggested Bond Schedule
Assigned and Recommended Materials from NC Racial Equity Training III: Cross-Racial Eyewitness ID, March 2, 2018:
- Raising Issues of Race in North Carolina Criminal Cases: Chapter Three
- Fact Pattern – NC REN III Strategy Sessions
- Read People v. Boone
- Boone – Amicus Brief
Assigned and Recommended Reading Materials from NC Racial Equity Training II, Challenging Selective Enforcement and Selective Prosecution, Dec. 1, 2017:
- Raising Issues of Race in North Carolina Criminal Cases: Chapter Two
- Resisting Arrest and Racism – The Crime of Disrespect by Scott Holmes
- Affidavit from Bethea Case (challenging deferred prosecution program)
- Bethea Memo
- Bethea Equal Protection Motion
- Bethea Proposed Findings of Fact
- Excerpt from Defendant’s Brief to NC Supreme Court in State v. Miller
- Amicus Brief of Beloved Community Center to NC Supreme Court in State v. Miller
Assigned and Recommended Reading from NC Racial Equity Network Training I, Creating a Framework for Engagement, September 15, 2017:
- Raising Issues of Race in North Carolina Criminal Cases: Chapter One
- Implicitly Unjust: How Defenders Can Affect Systemic Racist Assumptions by Jonathan Rapping
- Next Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance by Anthony V. Alfieri & Angela Onwuachi-Willig
- Race Bias and the Importance of Consciousness for Criminal Defense Attorneys by Andrea Lyon
- The Racialization of Juvenile Justice and the Role of the Defense Attorney by Tamar Birkhead