Prof. @UMichLaw (criminal procedure, evidence, habeas corpus); Trial/Appellate Public Defender; Director, MDefenders Program/Public Defender Training Institute
Joined November 2015
- Tweets 2,466
- Following 197
- Followers 3,209
- Likes 2,201
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5 Sep 2023
Check out this incredible new MDefenders resource designed to help public defenders bring social science into criminal courtrooms. Data for Defenders collects cutting-edge social science research and helps defenders incorporate it into their advocacy: datafordefenders.org/
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Eve Brensike Primus retweeted
New Data for Defenders: a motion seeking to preclude use of the term “victim,” arguing that the label presupposes guilt and undermines the presumption of innocence datafordefenders.org/
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May 28
3rd opinion is Pitchford v. Cain. A 5-4 court holds the Mississippi Supreme Court was unreasonable when it determined the defendant waived his opportunity to rebut the prosecutor's race-neutral reasons for peremptory strikes of 4 black prospective jurors.
supremecourt.gov/opinions/25…
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Md SCT: The government can't use data about an area being a high-crime neighborhood to help justify a stop if the officer didn't know of the specific data when he made the stop. If it was learned later, it can't be part of the suspicion calculus.
mdcourts.gov/data/opinions/c… #N
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In Andrew v. White, the Court said “certain principles are fundamental enough that when new factual permutations arise, the necessity to apply the earlier rule will be beyond doubt," & states have no excuse for ignoring that law. I hope habeas courts take that language to heart.
May 26
MDefenders Founder & Faculty Director, Professor @PrimusEve, is also a habeas scholar @UMichLaw and recently discussed the Andrew v. White ruling and the Antiterrorism and Effective Death Penalty Act (AEDPA) law360.com/articles/2475772
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Eve Brensike Primus retweeted
May 14
Ruben gave an incredible commencement speech @UMichLaw this week about the power of hope & how the law can be used as a tool for change: m.youtube.com/watch?v=YPeWQt…. We are proud to call Ruben our friend and can't wait to see what he will do next. Go Blue! /end
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Eve Brensike Primus retweeted
May 14
We graduated >25 lawyers into public defense. So grateful to have studied @UMichLaw in this amazing program. Here, we found community, purpose, & training to prepare us for the challenges ahead. We r headed to CA, CO, LA, MA, MI, OR, NM, NY, PA, TN, TX, & WA. Can't wait to start!
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Eve Brensike Primus retweeted
May 13
"I think it’d be a good idea for me to get an attorney..." - check out D4D's motion arguing for a 'reasonable-listener' Fifth Amendment invocation standard that covers client statements like this. datafordefenders.org/wp-cont…
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So proud of @MDefendersMLaw Class of 26. Our graduation ceremony was standing room only & filled w/laughter, tears, & well wishes for these outstanding client-centered advocates. We are proud of you & can't wait to see all the good trouble you will make in the world!
May 11
Today we send well prepared, immensely capable, good people out into the world to do important work. They are smart, creative, eager to fight the carceral state. Congratulations to our graduating @UMichLaw MDefenders, class of 2026!
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Excited to be presenting at the Criminal Ethics Schmooze at Fordham Law this morning about the structure of indigent defense delivery and how we can and should talk about horizontal vs vertical defense.
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What an incredible group of @MDefendersMLaw students in the Public Defender Training Institute this year. I can't wait to see what they will do on and off the court after they graduate this spring!
Apr 30
It's the end of the academic year @UMichLaw. You know what that means: time for the annual MDefenders Public Defender Training Institute East Coast versus West Coast basketball game. Such a blast spending a year learning (and playing) with this group!
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Paul Heaton recently accused ChatGPT of sending fake text messages from him to people (an impossible crime). Chat denied it, but Paul used techniques from the Reid Interrogation Method, the method used by US law enforcement, to wear Chat down and get it to falsely confess. 🧵
Apr 23
Using the Reid Technique, the academic director of the @QuattroneCenter was able to get ChatGpt to confess to a crime it didn't commit. Wild! theintercept.com/2026/04/23/…
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Want to know more about efforts to limit these techniques & instead use methods less fraught & used in many other countries? I wrote an article, The State[s] of Confession Law in a Post-Miranda World, cataloguing & evaluating diff state approaches: lnkd.in/eW7SNxiS. /3
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Using deception, lies, and threats to interrogate suspects is not just unnecessary; it is dangerous. There are other, better ways to interrogate suspects, and I hope that experiments like this one with Chat make legislatures and judges pay attention. /end
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Eve Brensike Primus retweeted
Apr 26
MASSACHUSETTS SJC: Pretextual traffic stop conducted *24 hrs* after alleged traffic infraction violated MA Declaration of Rights.
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Check out Ieshaah Murphy's article, "Defenders Assemble: A Blueprint for Building Antiracist Public Defender Offices." It's a must read for public defenders but also for those of us who educate aspiring public defenders. We can and should be better. scholarship.shu.edu/cgi/view…
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I recently had the honor of giving the keynote address at @IdahoLawReview's symposium on transforming public defense. I talk the importance of public defense work and what needs to be done to make it meaningful going forward. Remarks now available on ssrn: papers.ssrn.com/sol3/papers.…
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As we celebrate Administrative Professionals Day, I want to thank Amber Conway, Sydney Greenwood, & Sofia Nelson for all they do to make
@MDefendersMLaw possible. We couldn't offer the programming & support we do w/o their energy, enthusiasm, & hard work. Thank you!
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Officer initiates traffic stop b/c car was stopped on 1-lane bridge. Asks about guns in the car, and both driver & passenger say they have guns. Officer retrieves the guns. Turns out, passenger has a felony. CA4, 2-1: Asking about the gun was not permitted, gun is suppressed. #N
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Apr 15
Mimms v. Ohio allowed police to remove people from cars during routine stops in the name of officer safety. Use this brief to argue that Mimms should be revisited based on modern traffic stop data, which paints a very different picture. datafordefenders.org/wp-cont…
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