OAD’s Sixteenth Annual First Monday in October

On October 5, 2009, OAD hosted the sixteenth annual First Monday in October, at New York University School of Law. This year’s program was based on Commonwealth v. Padilla, 253 S.W.3d 482 (Ky. 2008), cert. granted sub nom Padilla v. Kentucky, 129 S.Ct. 1317 (Feb. 23, 2009), which raises the important and timely question of whether an attorney who provides manifestly erroneous information to his non-citizen client concerning the immigration consequences of a guilty plea may be found to have provided ineffective assistance of counsel. The case also raises the broader question of whether, and to what degree, attorneys should be required to advise clients regarding the collateral consequences of a guilty plea. (The actual case of Commonwealth v. Padilla was argued in the Supreme Court on October 17, 2009.)

Our First Monday mock Supreme Court was led by former First Department Presiding Justice Betty Weinberg Ellerin, now with Alston & Bird LLP, and our two distinguished advocates were Mark F. Pomerantz, of Paul, Weiss, Rifkind, Wharton & Garrison LLP, and Henry G. Miller, of Clark, Gagliardi & Miller, P.C. Mr. Pomerantz and Mr. Miller were awarded OAD’s Gould Award for Outstanding Advocacy at First Monday in October. Our sixteenth annual First Monday was a tremendous success. We are most grateful to our numerous supporters.

Thank You

Benefactors

Alston & Bird LLP
Cravath, Swaine & Moore LLP
Davis Polk & Wardwell
Debevoise & Plimpton LLP
Myrna Felder
Fried, Frank, Harris, Shriver & Jacobson LLP
Gibson, Dunn & Crutcher LLP
Jones Day
Kirkland & Ellis LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Sullivan & Cromwell LLP

Patrons

Ernst & Young LLP
Elizabeth L. Grayer & Aidan Synnott
Sam & Karen Seymour
Simpson Thacher & Bartlett LLP
Vladeck, Waldman, Elias & Engelhard, P.C.
Wachtell, Lipton, Rosen & Katz

Corporate Sponsors

FTI Consulting, Inc.
West, a Thomson Reuters company
Greater New York Mutual Insurance Company
TransPerfect Legal Solutions

First Monday in October Programs

Year Case Title Issue Advocates

2009 Padilla v. State of Kentucky Effective Assistance of Counsel: Must an Attorney Advise a Client About Immigration Consequences? Henry G. Miller & Mark F. Pomerantz

2008 Van de Kamp v. Goldstein Redressing Wrongful Convictions: Should Prosecutors Be Held Liable? Samuel W. Seymour & Michael E. Tigar

2007 District of Columbia v. Shelly Parker, et al. The Second Amendment: Who Has the Right to Own Guns? Bettina B. Plevan & Evan R. Chesler

2006 MacWade v. Kelly NYPD Subway Searches: Are They Constitutional? Bettina B. Plevan & Evan R. Chesler

2005 House v. Bell Executing the Innocent: Does the Constitution Permit It? Theodore V. Wells, Jr. & Alan Vinegrad

2004 West v. New York May the state prevent and criminalize marriage involving same sex couples? Myron Beldock & Daniel F. Kolb

2003 Court TV v. The State of New York Does New York State's prohibition on cameras in the courtroom violate the First Amendment? Burt Neuborne & Mary Jo White

2002 Al Zawahiri v. Ashcroft Attorney-Client Communications after 9/11: May the Government listen in? Gerald B. Lefcourt & Loretta E. Lynch

2001 McCarver v. North Carolina Does the Eighth Amendment prohibit the execution of a person with mental retardation? Paul J. Curran & Bryan A. Stevenson

2001 McCarver v. North Carolina Does the Eighth Amendment prohibit the execution of a person with mental retardation? Paul J. Curran & Bryan A. Stevenson

1999 Dickerson v. United States Police power in a free society: Can a person run from the police? Are Miranda warnings still required? Elkan Abramowitz & Charles A. Stillman

1998 Capital Cities/ABC v. Food Lion Investigative reporting: How far can the media go? Martin London & Frederick A.O. Schwarz, Jr.

1997 Thomas v. United States Jury nullification: May a jury ignore the law? May a court prevent it? Conrad K. Harper & Otto G. Obermaier

1996 Vacco v. Quill Is there a right to assisted suicide? David Boies & Evan A. Davis

1995 Troy v. New York Is New York's death penalty law constitutional? Floyd Abrams & Bernard W. Nussbaum

1994 X-Citement Video, Inc. v. Gottesman Is the federal child pornography statute constitutional? Sheila L. Birnbaum & Jay Topkis

First Monday Video Tapes and DVDs

Videotapes and DVDs of all First Monday in October arguments are available. These tapes and DVDs are excellent teaching tools. Videotapes and DVDs are $200 for the first tape and $50 for each additional tape or DVD. To order First Monday videotapes or DVDs, please complete the following form. Special pricing is available for bulk orders and public interest organizations. For more information on special pricing, contact Ms. Tuli Taylor by e-mail at ttaylor@appellatedefender.org or by phone at 212.402.4116

Year	Case Title	Issue	Advocates
2009	Padilla v. State of Kentucky	Effective Assistance of Counsel: Must an Attorney Advise a Client About Immigration Consequences?	Henry G. Miller & Mark F. Pomerantz
2008	Van de Kamp v. Goldstein	Redressing Wrongful Convictions: Should Prosecutors Be Held Liable?	Samuel W. Seymour & Michael E. Tigar
2007	District of Columbia v. Shelly Parker, et al.	The Second Amendment: Who Has the Right to Own Guns?	Bettina B. Plevan & Evan R. Chesler
2006	MacWade v. Kelly	NYPD Subway Searches: Are They Constitutional?	Bettina B. Plevan & Evan R. Chesler
2005	House v. Bell	Executing the Innocent: Does the Constitution Permit It?	Theodore V. Wells, Jr. & Alan Vinegrad
2004	West v. New York	May the state prevent and criminalize marriage involving same sex couples?	Myron Beldock & Daniel F. Kolb
2003	Court TV v. The State of New York	Does New York State's prohibition on cameras in the courtroom violate the First Amendment?	Burt Neuborne & Mary Jo White
2002	Al Zawahiri v. Ashcroft	Attorney-Client Communications after 9/11: May the Government listen in?	Gerald B. Lefcourt & Loretta E. Lynch
2001	McCarver v. North Carolina	Does the Eighth Amendment prohibit the execution of a person with mental retardation?	Paul J. Curran & Bryan A. Stevenson
2001	McCarver v. North Carolina	Does the Eighth Amendment prohibit the execution of a person with mental retardation?	Paul J. Curran & Bryan A. Stevenson
1999	Dickerson v. United States	Police power in a free society: Can a person run from the police? Are Miranda warnings still required?	Elkan Abramowitz & Charles A. Stillman
1998	Capital Cities/ABC v. Food Lion	Investigative reporting: How far can the media go?	Martin London & Frederick A.O. Schwarz, Jr.
1997	Thomas v. United States	Jury nullification: May a jury ignore the law? May a court prevent it?	Conrad K. Harper & Otto G. Obermaier
1996	Vacco v. Quill	Is there a right to assisted suicide?	David Boies & Evan A. Davis
1995	Troy v. New York	Is New York's death penalty law constitutional?	Floyd Abrams & Bernard W. Nussbaum
1994	X-Citement Video, Inc. v. Gottesman	Is the federal child pornography statute constitutional?	Sheila L. Birnbaum & Jay Topkis