the JustPod

Send us Fan Mail This segment of “White Collar Talks with Nina and Joe” features former United States Attorney for the Western District of North Carolina, Dena King.  Guest co-host is Lynsey Barron.

Send us Fan Mail On the morning of July 19, 2014, Florida State University Law Professor Dan Markel—a friend and mentor to Justin, and to so many others—was shot and killed in his driveway in Tallahassee, Florida.  Dan was 41 years old, and the father of two little boys, ages 4 and 3, one of whom was just days away from his next birthday.   The loss of Dan to his family, his friends, and colleague...

Send us Fan Mail Larry Pozner is perhaps the most sought-after teacher of cross-examination strategy and tactics.  In over 400 lectures, he has taught generations of lawyers how to more effectively conduct this most important of courtroom examinations—what John Henry Wigmore, the legal scholar of evidence, called the "greatest legal engine ever invented for the discovery of truth."   Lar...

Send us Fan Mail We welcomed back Elizabeth Kelley (who previously joined us on Nov 16, 2023), to talk about the recent publication of the second edition of her book, Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers , published by the American Bar Association.  The book is a collection of 19 essays by lawyers, scholars, and clinical experts in the field...

Send us Fan Mail Ever wondered about the mental health toll on members of a death penalty “Execution Team”?  We discuss this topic and others on the JustPod with two men who are both familiar with the practice of lethal injection, but for very different reasons.    Ron McAndrew is a retired Warden at Florida State Prison, where he led the Execution Team, supervised the execution of three inmates b...

Send us Fan Mail  Earlier this year, in February 2024, the ABA launched its Prosecutorial Independence Task Force.  Two of our guests, Professor Ellen Yaroshefsky (Hofstra Law School), and John Choi (Ramsey County Attorney in Ramsey County, Minnesota), are co-chairs of the Task Force.  John has the distinction of being the first Korean American Chief Prosecutor in the United States.  Our third gue...

Send us Fan Mail Joe Whitley and Nina Marino speak with Michael E. Horowitz , Inspector General of the United States Department of Justice.  Previously having served a six-year term as a Commissioner of the U.S. Sentencing Commission (2003-2009), Mr. Horowitz was sworn in on April 16, 2012 as Inspector General, following his confirmation by the U.S. Senate.  As Inspector General, Mr. Horowitz over...

Send us Fan Mail Our guest is the founding partner of the white collar criminal defense boutique Kaplan Marino, and co-host of our sister podcast, the ABA’s “White Collar Talks with Nina and Joe.”  She is the recipient of the American Bar Association Criminal Justice Section's (CJS) Charles English Award, the highest accolade for excellence in criminal justice, and recently secured an unusual...

Send us Fan Mail Join us for another "White Collar Talks" podcast as Joe Whitley and Nina Marino interview William J. Hochul, Jr., a former United States Attorney and former General Counsel of a highly diversified, government-regulated global business.  Mr. Hochul was also a prior member of the Board of Directors of a large healthcare provider and employer.  Recently joining the law firm...

Send us Fan Mail Premal Dharia is Executive Director of the Institute to End Mass Incarceration at Harvard Law School. She was previously a public defender and Director of Litigation for the Civil Rights Corps. She has been a frequent contributor to major publications such as The Washington Post, Slate, and CNN, on issues of criminal justice and racial disparities in the criminal justice system. ...

Send us Fan Mail Brian McEvoy, a former federal prosecutor and current white collar criminal defense lawyer with BakerHostetler, joins Nina Marino (KaplanMarino) and Joe Whitley (Womble Bond Dickinson) to discuss the Tenth Annual Southeastern White Collar Crime Institute (September 4-6, in Braselton, GA) and how it came to be. They also discuss why it is worth attending this conference, how it is...

Send us Fan Mail In 1997, Peter Heyberger was convicted of residential burglary and attempted residential burglary. It was his third conviction, and so, under California’s “Three Strikes” law, Mr. Heyberger’s minimum sentence was 25 years to life in prison. He was sentenced to 65-years to life.   In 2019, California passed HB 2942—a Prosecutor-Initiated Resentencing bill that gave California prose...

Send us Fan Mail The right to counsel in criminal cases is, by now, well established in a series of United States Supreme Court precedents. And yet, local jurisdictions have for too long found themselves under-resourced, and out-gunned in their quest to provide not just constitutionally sufficient and competent representation, but excellent representation—free of charge to indigent criminal defend...

Send us Fan Mail Confessions by criminal defendants are regarded as the most powerful evidence of guilt. So why would an innocent person confess to a crime they did not commit? That question and the troubling issue of false confessions is at the heart of the research of Professor Saul Kassin, the author of Duped: Why Innocent People Confess – and Why We Believe Their Confessions . Professor Kassin...

Send us Fan Mail The prospect of long-term solitary confinement, being housed alone in custody for months and sometimes even years, is daunting for criminal defendants and their counsel. In May 2023, two public interest organizations, The Italian Association Antigone and the Israeli organization, Physicians for Human Rights Israel, proposed the International Guiding Statement on Alternatives to So...

Send us Fan Mail On September 26, 2020, then-President Donald Trump nominated Judge Amy Coney Barrett to the United States Supreme Court. Upon confirmation, Justice Barrett took the seat of Justice Ruth Bader Ginsburg, who had passed away one week before Justice Barrett's nomination. Writing in the Fall 2023 issue of the Criminal Justice Magazine, Daniel Kaplan observes that Justice Barrett&a...

Send us Fan Mail Our guest is Professor Lucian Dervan, the founding Director of the Plea Bargaining Institute and a Professor of Law and Director of Criminal Justice Studies at Belmont University College of Law in Nashville, TN.  Professor Dervan is co-chair of the ABA's Criminal Justice Section Plea Bargaining Taskforce and co-author of the forthcoming book, "The Cost of Bargains: Refle...

Send us Fan Mail Larry Krasner is a former criminal defense and civil rights lawyer who has become one of the most high profile inner city District Attorneys to lead the city prosecutor’s office of any major city. He has made waves for his controversial—and some would say progressive—policy positions on hot button issues like mass incarceration, decriminalization of minor drug possession, police m...

Send us Fan Mail It takes about 3 hours to drive from Greenwich, Connecticut to the Federal Correctional Institution,  Allenwood Low in Pennsylvania. Jeffery D. Grant knows this because he took that drive on an Easter Sunday in 2006. A lawyer whose life has taken a wrong turn on  the road to addiction, Jeff Grant left the upscale life he had cultivated in Connecticut to enter what would be his new...

Send us Fan Mail Our guests have spent their careers advocating for some of the most vulnerable citizens in our country's legal system-our nation's children. Kristin Henning is the Blume Professor of Law and Director of the Juvenile Justice Clinic Initiative at Georgetown Law School and the author of "The Rage of Innocence: How America Criminalizes Black Youth". Marsha Levick i...

Send us Fan Mail In this episode, Joe Whitley and Lynsey Barron discuss corporate monitorships with Ling-Ling Nie,  who is the Deputy General Counsel, Chief Compliance & ESG Officer, Head of Government Affairs at Aura and Scott Marrah, Partner at White Collar Criminal Defense & Internal Investigations  at Kilpatrick Townsend. 

Send us Fan Mail Gurbir Grewal has been the Director of the Enforcement Division at the U.S. Securities and Exchange Commission since 2001.  Prior to that, he had the distinction of being the first Sikh American to be Attorney General in any of the fifty states, and only the second South Asian to hold such an office after the former Attorney General of California, Kamala Harris.  Gurbir was the Ch...

Send us Fan Mail T. Markus Funk, a Partner at Perkins Coie in Denver, Colorado, was a Section Chief with the U.S. State Department in the Balkans, following the war in Kosovo, where he represented the United States in diplomatic negotiations and participated in the restructuring of Kosovo's post-war justice system.  Markus graduated from Northwestern School of Law, and later received a doctor...

Send us Fan Mail Representing criminal defendants with mental disabilities comes with a range of challenges that make these representations different from the usual criminal representation in important ways.  Elizabeth Kelley is an expert in the field, and the Editor of Representing People with Dementia:  A Practical Guide for Criminal Defense Lawyers , recently published by the American Bar Assoc...

Send us Fan Mail Our guest is Richard Saenz, who is a senior attorney in the criminal justice and police misconduct strategist at Lambda Legal. He focuses his work on the criminal legal system, coordinating litigation and policy work on behalf of incarcerated people and against the criminalization of LGBTQ+ people. Richard has been featured in the Washington Post, NBC News, USA Today, Newsweek, an...