In Plain Cite is a show produced by the Federal Public Defender of the Southern District of West Virginia. Our hosts and guests discuss topics relevant to the practice of federal criminal defense in the Fourth Circuit Court of Appeals and beyond. This is an educational show geared toward Criminal Justice Act panel attorneys and others who practice federal criminal defense.

Episodes:

94. December 2024 Fourth Circuit and Supreme Court Update - December 11, 2024. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.


93. November 2024 Fourth Circuit and Supreme Court Update - December 6, 2024. Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit news.


92. October 2024 Fourth Circuit and Supreme Court Update - October 22, 2024. Jonathan Byrne and Andrew Grindrodof of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.


91. September 2024 Fourth Circuit Court Update - September 12, 2024. Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.


90. August 2024 Part 2 of 2 Fourth Circuit Court Update - August 22, 2024. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit Court news.


89. August 2024 Part 1 of 2 Supreme Court Update - August 22, 2024. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Supreme Court news.


88. June 2024 Fourth Circuit and Supreme Court Update - June 11, 2024. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.


87. May 2024 Fourth Circuit Update - May 15, 2024. Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit news.


86. April 2024 Fourth Circuit and Supreme Court Update - May 15, 2024. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court news.


85. March 2024 Fourth Circuit Update - April 9, 2024. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit news


84. February 2024 Fourth Circuit Update - March 4, 2024. Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit news


83. December 2023 Fourth Circuit Update - December 20, 2023. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit news


82. November 2023 Fourth Circuit Update - December 1, 2023. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit news.


81. October 2023 Fourth Circuit Update - October 10, 2023. Jonathan Byrne and and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit, Supreme Court, and Sentencing Guideline news.


80. September 2023 Fourth Circuit Update - September 18, 2023. Jonathan Byrne and Jackie Tarlton discuss recent Fourth Circuit Court of Appeals decisions.


79. August 2023 Fourth Circuit and Supreme Court Update - August 23, 2023. Jonathan Byrne discusses recent Fourth Circuit and Supreme Court decisions with Jeremy Thompson from the Federal Public Defender Office in South Carolina.


78. June 2023 Fourth Circuit Update - June 29, 2023.Jonathan Byrne and Andrew Grindrod from the Eastern District of Virginia discuss recent and Fourth Circuit decisions.


77. May 2023 Fourth Circuit and Supreme Court Update - May 15, 2023.Jonathan Byrne discusses recent Supreme Court and Fourth Circuit decisions.


76. April 2023 Fourth Circuit Update - April 5, 2023.Jonathan Byrne and Jeremy Thompson of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


75. March 2023 Fourth Circuit Update - March 23, 2023.Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


74. February 2023 Fourth Circuit Update - February 13, 2023.Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


73. December 2022 Fourth Circuit Update - December 19, 2022.Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.


72. November 2022 Fourth Circuit Update - November 17, 2022.Jonathan Byrne and Jeremy Thompson from the Federal Public Defender Office in South Carolina discuss recent Fourth Circuit decisions.


71. October 2022 Fourth Circuit and Supreme Court Update - October 18, 2022.Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


70. September 2022 Supreme Court and Fourth Circuit Update - September 19, 2022.Jonathan Byrne and Alicia Penn with the Federal Public Defender Office in South Carolina discuss recent Supreme Court and Fourth Circuit decisions.


69. August 2022 Supreme Court and Fourth Circuit Update - August 17, 2022. Jonathan Byrne of the Southern District of West Virginia and Jackie Tarlton of the Eastern District of North Carolina discuss recent Supreme Court and Fourth Circuit decisions.


68. June 2022 Fourth Circuit Update - June 22, 2022. Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


67. May 2022 Fourth Circuit and Supreme Court Update - May 13, 2022. Jonathan Byrne discusses recent Supreme Court and Fourth Circuit decisions.


66. April 2022 Fourth Circuit Update - April 18, 2022. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.


65. March 2022 Supreme Court & Fourth Circuit Update - March 9, 2022. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


64. February 2022 Fourth Circuit Update - February 18, 2022. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


63. December 2021 Fourth Circuit Update - December 22, 2021. Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


62. November 2021 Fourth Circuit Update - November 5, 2021. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


61. October 2021 Fourth Circuit & Supreme Court Update - October 7, 2021. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions and look at the upcoming Supreme Court session.


60. September 2021 Fourth Circuit & Supreme Court Update - September 23, 2021. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.


59. August 2021 Supreme Court & Fourth Circuit Update - August 23, 2021. Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


58. June 2021 Fourth Circuit Update - June 14, 2021. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Supreme Court and Fourth Circuit decisions.


57. May 2021 Fourth Circuit Update - May 10, 2021. Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


56. April 2021 Fourth Circuit and Supreme Court Update - April 8, 2021. Jonathan Byrne and Emily Harrell of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


55. March 2021 Fourth Circuit Update - March 9, 2021. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.


54. February 2021 Fourth Circuit Update - February 8, 2021. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


53. December 2020 Fourth Circuit and Supreme Court Update - December 15, 2020. Jonathan Byrne and Josh Carpenter of the Western District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


52. November 2020 Fourth Circuit and Supreme Court Update - November 9, 2020. Jonathan Byrne and Andrew Grindrod of the Eastern District of Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


51. September 2020 Fourth Circuit Update - October 6, 2020. Jonathan Byrne and Alicia Penn of the District of South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


50. August 2020 Fourth Circuit Update - August 14, 2020. Jonathan Byrne and Emily Harrell of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


49. July 2020 Fourth Circuit Update - July 13, 2020. Jonathan Byrne and Jackie Tarlton of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


48. June 2020 Fourth Circuit Update - June 12, 2020. Jonathan Byrne and Josh Carpenter from the Western North Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


47. May 2020 Fourth Circuit Update - May 11, 2020. Jonathan Byrne and Andrew Grindrod from the Eastern Virginia Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


46. April 2020 Fourth Circuit Update - April 8, 2020. Jonathan Byrne and Jackie DiLauro of the Eastern District of North Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


45. March 2020 Fourth Circuit Update - March 17, 2020. Jonathan Byrne and Emily Harrell of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


44. February 2020 Fourth Circuit Update - February 7, 2020. Jonathan Byrne and Alicia Penn of the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


43. December 2019 Fourth Circuit Update - December 20, 2019. Jonathan Byrne and Brian Beck of the Western Virginia Federal Public Defender Office discuss recent Fourth Circuit decisions.


42. November 2019 Fourth Circuit Update - November 15, 2019. Jonathan Byrne and Jackie DiLauro of the North Carolina Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions.


41. August 2019 Fourth Circuit Update - September 6, 2019. Jonathan Byrne and Andrew Grindrod from the Virginia Eastern Federal Public Defender Office discuss recent Fourth Circuit decisions.


40. July 2019 Fourth Circuit Court Update - August 1, 2019. Jonathan Byrne and Josh Carpenter, from the Western District of North Carolina Federal Public Defender Office, discuss recent Fourth Circuit decisions.


39. June 2019 Fourth Circuit and Supreme Court Update - Part 2 - July 2, 2019. Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


38. June 2019 Fourth Circuit and Supreme Court Update - Part 1 - July 2, 2019. Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit and Supreme Court decisions.


37. April 2019 Fourth Circuit Update - July 2, 2019. Jonathan and Emily Harrell from the South Carolina Federal Public Defender Office discuss recent Fourth Circuit decisions.


36. March 2019 Fourth Circuit Update - April 18, 2019. Jonathan and Jaclyn DiLauro, Assistant Federal Public Defender from the Eastern District of North Carolina, discuss recent Fourth Circuit and Supreme Court decisions.


35. February 2019 Fourth Circuit Update - March 26, 2019. Jonathan and Andrew Grindrod, Assistant Federal Public Defender from the Eastern District of Virginia, discuss recent Fourth Circuit and Supreme Court decisions.


34. January 2019 Fourth Circuit Update - February 11, 2019. Jonathan and Brian Beck, Assistant Federal Public Defender from the Western District of Virginia, discuss recent Fourth Circuit and Supreme Court decisions.


33. November 2018 Fourth Circuit Update - December 11, 2018. Jonathan and Alicia discuss recent Fourth Circuit decisions.


32. October 2018 US Sentencing Guidelines Update - October 16, 2018. Jonathan and Lex discuss the new United States Sentencing Guidelines amendments taking effect on November 1, 2018.


31. August 2018 Fourth Circuit and Supreme Court Update - September 4, 2018. Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Alicia Penn from the Federal Public Defender Office in South Carolina.


30. June 2018 Fourth Circuit and Supreme Court Update - July 2, 2018. Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Brian Beck from the Western District of Virginia.


29. May 2018 Fourth Circuit and Supreme Court Update - June 11, 2018. Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Josh Carpenter from the Federal Public Defender Office in Western North Carolina.


28. April 2018 Fourth Circuit and Supreme Court Update - May 9, 2018. Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.


27. Fourth Circuit Update No 2 March 2018 - March 30, 2018. 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.


26. March Fourth Circuit and Supreme Court Update - March 2, 2018. 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.


25. Fourth Circuit and Supreme Court Update - February 13, 2018. Jonathan discusses recent Supreme Court and Fourth Circuit cases with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.


24. December Fourth Circuit Update 2 - December 22, 2017. Jonathan discusses recent Fourth Circuit cases with special guest Josh Carpenter from the Western District of North Carolina.


23. New Rules for 2018 - December 19, 2017. Jonathan, Rhett, and Lex discuss new rules of evidence and appellate procedure.


22. Fourth Circuit Update November 2017 - December 7, 2017. Jonathan talks about new cases dealing with child sexual exploitation, fraud, and the death penalty with Brian Beck from the Western District of Virginia.


21. Fourth Circuit Update October 2017 - November 6, 2017. Jonathan and guest Alicia Penn discuss four new Fourth Circuit cases, covering topics including crimes of violence, child pornography sentences, and health care fraud.


20. Fourth Circuit Update September 2017 - October 2, 2017. In this episode we bring back special guest Emily Harrill to discuss recent Fourth Circuit decisions.


19. Fourth Circuit Update with Special Guest Emily Harrill - September 6, 2017. In this episode we discuss recent Fourth Circuit decisions with special guest Emily Harrill from the Federal Public Defender Office in South Carolina.


18. 2017 Sentencing Commission Update - September 5, 2017. 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.


17. Fourth Circuit Update - June 9, 2017. In this episode we talk about recent Fourth Circuit cases touching on the use of force, prior bad acts, double jeopardy, and coerced statements.


16. AFPD Interview: A Day in the Life of an Assistant Federal Public Defender - April 5, 2017. 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.


15. Beckles is Here - March 10, 2017. 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.


14. Overincarceration - February 14, 2017. 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."


13. 2017 Preview of Sentencing Guideline Amendments - December 19, 2016. 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 continuing ripple of Johnson.


12. Supervised Release Recommendations - November 29, 2016. Our team looks at the recent changes to the Sentencing Commission's recommended conditions of supervised release, examines some of the other Guideline amendments that went into effect at the beginning of November, and checks in on the state of the Johnson union.


11. Supreme Court Update - September 16, 2016. 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.


10. Supervised Release - Ideas for Change - August 5, 2016. 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.


9. Johnson Deadline - June 15, 2016. 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.


8. Fourth Circuit Fourth Amendment - February 18, 2016. 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.


7. Sentencing Commission on US v Johnson - December 22, 2015. 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.


6. 2015 USSG Amendments - November 24, 2015. This episode answers a question from our Criminal Justice 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.


5. Clemency - November 6, 2015. This episode 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 Justice Act panel in the Southern District of WV.
   


4. Johnson update - October 9, 2015. This episode 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.


3. Cell phones - September 15, 2015. Jonathan and Rachel discuss cell phones, cell towers, the 4th Amendment, the Stored Communications Act, and the pending cases of Graham and Davis.


2. Congressional Update - August 10, 2015. 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?


1. Johnson and Armed Career Criminal Act - July 15, 2015. 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?