Brandon L Garrett

Check out "Defending Due Process," with questions for reading groups, and many other wonderful books, in our Duke summer faculty reads: alumni.duke.edu/summer-readi...

It is going to be connected to a real-time crime center giving police a huge network of linked surveillance cams (CCTV, body cams, stores, apartments, and Ring).

Your Data Will Be Used Against You.

From our faculty director @brandonlgarrett.bsky.social!

DHS secretary misstates meaning of habeas corpus under Senate scrutiny Facing sharp questioning from Democratic lawmakers, the director of Homeland Security incorrectly described the constitutional right as a presidential authority to deport individuals.

Habeas corpus 101
www.npr.org/2025/05/20/n...

Exitoso Conversatorio “Valor del Debido Proceso” reunió a destacados expertos nacionales e internacionales Con gran convocatoria se desarrolló el conversatorio “Valor del Debido Proceso”. La actividad tuvo lugar el martes 14 de mayo y reunió a autoridades judiciales, académicos y profesionales del derecho,...

A discussion of @brandonlgarrett.bsky.social's "Defending Due Process" was held @pjudicialchile.bsky.social on Tuesday, May 14th.

If you missed out on it, you can take a look at how it went and browse some fantastic photos here:
www.pjud.cl/prensa-y-com...

Federal Courts’ Emerging Bottom Line: Due Process Rights for Immigrants

www.nytimes.com/2025/05/17/u...

Connecticut Towing Companies Use Belongings Left in Cars as Leverage to Collect Fees, Drivers Say The Connecticut DMV allows owners to get back into towed cars to retrieve items that are essential to their health and welfare. But people have lost work equipment, car seats, important documents and…

When Gary Hudson's car got towed, he couldn’t afford to pay the >$300 in fees. He asked if he could at least get into the car to collect his things.

But the company "would not budge, period," he said. "So I can’t get my work equipment, and you expect me to make money to pay you?”

W/ @ctmirror.org

What Is Habeas Corpus and How Is It Under Threat? Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

"[Habeas corpus] has played a crucial role in many emergencies and wars during our history. And courts have consistently emphasized that habeas provides its strongest protections when the executive seeks to detain people without a trial." - @brandonlgarrett.bsky.social. time.com/7284743/what...

What Is Habeas Corpus and How Is It Under Threat? Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

time.com/7284743/what...

NEW: The 8th Cir concludes that the federal law barring those convicted of misdemeanor crimes of domestic violence does not facially violate the Second Amendment, declining to foreclose the possibility of future as-applied challenges.

cases.justia.com/federal/appe...

Thanks to the always interesting Bookworm for featuring Defending Due Process:

lsolum.typepad.com/legaltheory/...

A firing squad tried to shoot a prisoner in the heart. They missed, autopsy indicates The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

Faulty DNA tests lead to more than 1, 000 criminal cases across Texas being reviewed Faulty DNA tests being used in criminal cases in Texas could impact more than 1,000 cases. Under some circumstances, these tests were incorrectly coming back as insufficient DNA to test.

How many 100,000s of cases are affected nationally? And why isn’t the manufacturer obligated to audit the dna kits affected?
www.npr.org/2025/05/07/n...

My video VIPER mugshot being taken at the dept of psychology, U Birmingham - thanks to Heather Flowe and colleagues for having me talk about Defending Due Process

A new journal article from @dukelaw.bsky.social Professor @brandonlgarrett.bsky.social and William and Mary Law Professor @adamgershowitz.bsky.social digs into inconsistencies behind courts rejecting Brady claims (which require share all material and favorable evidence with the defense):

And here is the recently unsealed declaration the government provided outlining the process: storage.courtlistener.com/recap/gov.us...

SUNDAY @ 5PM: I'll be at Porter Square Books in Cambridge, Mass., to talk with @brandonlgarrett.bsky.social about his new book, "Defending Due Process."

Seems like... an important time to talk about defending due process.
www.portersquarebooks.com/event/be-cha...

Government Notices to Migrants Fall Short of Due Process, Legal Experts Say Venezuelan migrants were given English-only notices with limited time to file court challenges, according to a newly unsealed declaration.

Important discussion of all of the ways migrants are being denied basic due process, with quotes from Michael Klarman, myself, and others #DefendingDueProcess

www.nytimes.com/2025/04/25/u...

Boston friends - I hope some of you can join me on Sunday, at 5 pm, at Porter Square Books, with Matt Segal of the Mass ACLU, to talk about Defending Due Process

System Errors and Due Process As Supreme Court Justice Felix Frankfurter put it: "The history of American freedom is, in no small measure, the history of procedure." The scale of

Reposting this piece on systematic errors and due process … it feels relevant still.

reason.com/volokh/2025/...

The Hawthorne effect in studies of firearm and toolmark examiners The Hawthorne effect refers to the tendency of individuals to behave differently when they know they are being studied. In the forensic science domain, concerns have been raised about the “strategic ....

New data suggest that firearms examiners make more conservative decisions when they know they're being studied, raising further questions about error rates derived from black box studies...

onlinelibrary.wiley.com/doi/10.1111/...

My .02 is that the order tells us very little, because what matters is what the Court is willing to do in the event of non- or under-compliance. And the order doesn't tell us that, b/c we don't know whether The Court somewhat moderated its language to get unanimity or to get the 5th vote.

The Fourth Circuit just *denied* the government’s application to stay Judge Xinis’s order, so this mess (entirely of the government’s making) is now squarely in the Supreme Court’s lap.

Here’s the Fourth Circuit ruling—in which even Judge Wilkinson concurred: s3.documentcloud.org/documents/25...

Faulty DNA Tests Were Used in Los Angeles County Cases, Sheriff Says The manufacturer of the test kits notified the Los Angeles County Sheriff’s Department in August that many of the kits were likely defective, but it kept using them for several months.

www.nytimes.com/2025/03/27/u...

It's official, the Trump administration has halted or dropped enforcement against over 100 corporations.

These corporate pardons are further proof the president’s true base is billionaire executives and corporate elites.
www.citizen.org/news/enforce...

"[A]n independent judiciary with the authority to finally interpret a written constitution . . . is one of the crown jewels of our system of government today . . .

[T]he independence of the federal judiciary is essential to its proper functioning and must be retained."

- Chief Justice Rehnquist

A new paper with @adamgershowitz.bsky.social exploring a crucial doctrinal slice of our Brady Database

papers.ssrn.com/sol3/papers....

Duke gardens

Japanese Court Awards $1.4 Million to Exonerated Man Iwao Hakamada, 89, who is believed to have been the world’s longest-serving death row inmate, was exonerated last year of a 1966 murder conviction.

www.nytimes.com/2025/03/25/u...