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The United States Supreme Court has granted a Petition for Writ of Certiorari in the case.  Partner Howard Srebnick will argue the case before the Court in the Fall 2013.  The briefs and scheduling order are linked below. 

 QUESTION PRESENTED

When a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, do the Fifth and Sixth Amendments require a pretrial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges?

Petitioner's Petition for Writ of Certiorari

Brief of Amicus Curiae in Support of Petition for Writ of Certiorari filed by the National Association of Criminal Defense Lawyers

Brief for the United States

United States Supreme Court Order

Petitioners' Merits Brief

Transcript of U.S. Supreme Court Oral Argument, October 16, 2013

Audio of U.S. Supreme Court Oral Argument, October 16, 2013

 

NEWS ARTICLES

Wall Street Journal - How Prosecutors Rig Trials by Freezing Assets

Miami Herald - Supreme Court to hear challenges to property seizures before trials

South Florida Legal Guide - How The Government Wrongfully Freezes Assets

Miami Herald: Miami-Dade - Miami attorney to challenge criminal asset seizures in Supreme Court case

reason.com - The Best Defense Your Money Can't Buy

LA Times - Legal dilemma: The lawyer of their choice

Miami Herald: Nation - Miami attorney to challenge criminal asset seizures in Supreme Court case

Supreme Court Insider - Amid Shutdown, Supreme Court to Hear Arguments

Supreme Court of the United States Blog - Argument preview: Court to consider scope of challenges to asset freezes

New York Times - Case Pits Freezing Assets Against Hiring Lawyers

Daily Business Review - Miami Lawyer Wants Indicted Couple's Assets Freed So They Can Pay Attorneys

Palm Beach Post - Supreme Court weighs whether seizing assets prevents a proper defense

FindLaw Legal Pulse - U.S. Supreme Court ponders pre-trial asset freezes in criminal cases

CharlotteObserver.com - Indicted couple want assets freed to pay lawyers

Supreme Court of the United Stats Blog - Argument analysis:  Asset forfeiture case is close call


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