Andrea Roth

Barry Tarlow Chancellor's Chair in Criminal Justice & Professor of Law, UC Berkeley School of Law

[Andrea Roth @andrealroth]

@AlexNunn Does FRE 606b apply pre-verdict?

[Andrea Roth @andrealroth]

Rebecca Wexler and I argue that litigants' use of chatbots has been misunderstood in terms of privilege and work product. AI Privilege and the Legal Services Crisis, https://t.co/IWkGpdisKM via @StanLRev

[UC Berkeley Law @BerkeleyLaw]

"The status quo already allows this," Professor Andrea Roth (@andrealroth) wrote in response to concerns that a proposed federal rule would inadvertently facilitate the introduction of AI evidence without a human expert.

Read more at @Law360: https://t.co/CKTweA82vB #BerkeleyLaw

[Andrea Roth @andrealroth]

@tsori233 @starsandstripes @realDonaldTrump @jonfranks @aboehler @BOFHcampaign Update: Joe St Clair (@BerkeleyLaw alum and member of our awesome Military Veterans at Berkeley Law group) - is free. Thanks to all involved with getting him out. https://t.co/7un2RtTmAc

[Andrea Roth @andrealroth]

@tsori233 @starsandstripes @realDonaldTrump @jonfranks @aboehler @BOFHcampaign A Berkeley Law alum and USAF vet, still wrongfully detained in Venezuela.

[StC Sola Fide @tsori233]

Thank you @starsandstripes for covering this! We pray that @realDonaldTrump reads this and prioritizes the safe return of our son Joe St.Clair USAF Vet and the others. @jonfranks @aboehler @BOFHcampaign

[Andrea Roth @andrealroth]

@ConLawWarrior @OrinKerr would love to hear your thoughts (I turned it into a template motion that some federal PDs have filed) - https://t.co/uwM987JCjg

[Andrea Roth @andrealroth]

@CBHessick Write a template motion and send it to someone on the FPD listserv?

[Andrea Roth @andrealroth]

Today in The Hill @jdking_ and I argue for juries in "all criminal prosecutions" (like the 6th Amendment says). https://t.co/FIWP3OA7tW

[Andrea Roth @andrealroth]

@gcharriss @Andrew___Baker Got it. I thought you were referring to him seeking original habeas relief under All Writs Act, which some folks have discussed too (& which WOULD be a hail mary, more so than boring old granting cert in direct appeal raising fed const'l Q).

[Andrea Roth @andrealroth]

Contrary to what this law prof & NPR reporter said today, a state crim conviction CAN make it to the Supreme Court, if it raises a federal constitutional question (eg impartial jury, selective prosecution, unanimity). Doesn't mean it will win of course. https://t.co/mXLCabDscU

[Andrea Roth @andrealroth]

@Immanentize @johnastoehr They'll argue on appeal (& lose) that the jury instxns here were unconst'l bc they allowed jury to find him guilty w/o being unanimous. State will argue (& win) that it's ok for jury to pick diff THEORIES so long as unanimous on ELEMENTS). There's a body of case law on this Q.

[Andrea Roth @andrealroth]

@gcharriss @Andrew___Baker It's not a hail mary here either, other than fact that the issues are surely all losers on merits - many of the preserved issues are fedl const Qs (pretrial publicity, selective pros, unanimity, judge partiality etc.).

[Andrea Roth @andrealroth]

@gcharriss @Andrew___Baker It's not a hail-mary, other than fact that cert grants are rare; SCOTUS is always the potential endpoint of a state direct appeal w/ a fed'l cont'l Q. Most SCOTUS cases w/ const'l crim pro law were state cases - Ramos v. LA, Apprendi v. NJ, Crawford v. WA, Miranda v. AZ, etc etc

[Andrea Roth @andrealroth]

@johnastoehr @kozmickid Pretrial publicity, judicial partiality, selective prosecution, unanimity - all these are federal constitutional claims preserved by Trump. Not winning issues but def legal for SCOTUS to take.

[Andrea Roth @andrealroth]

@fedjudges I agreed; though sadly, he was asked a very direct question (confirming the reporter's mistaken impression that state convictions can't be appealed to SCOTUS) and said "that's absolutely right." Definitely didn't qualify it by explaining state law claims v. fed claims.

[Andrea Roth @andrealroth]

@vidabjohnson And whether left-leaning media like NYT will apologize for gleefully using the term "felon"

[Andrea Roth @andrealroth]

@OrinKerr Next maybe Gorsuch will suggest something even crazier, that the Constitution actually explicitly guarantees, like a right to jury trial "in all criminal prosecutions" or that "the trial of all crimes, except in cases of impeachment, shall be by jury."

[Andrea Roth @andrealroth]

@GChernack Someone should tell the NYT that "felon" is not person-centered language. https://t.co/Yzc0Rk3FQJ