First Monday in October 2005
On October 19, 2005, Theodore V. Wells, of Paul, Weiss, Rifkind, Wharton & Garrison, acting as Counsel for the Petitioner, and Alan Vinegrad, of Covington & Burling, acting as Solicitor General of the State of Tennessee, received the Gould Awards for Outstanding Advocacy. The honorees argued the case of House v. Bell, a case that considers whether the execution of an actually innocent person violates the constitutional guarantee of Due Process and, if so, what standard of proof of innocence must be satisfiedafter all appeals have otherwise been exhaustedin order to avoid execution.
Theodore V. Wells, Jr. arguing for the Petitioner.
Alan Vinegrad arguing for the State of Tennessee.
The 2005 First Monday in October Bench.
The Honorable Alfred D. Lerner of Phillips Nizer acted as Chief Justice. Sharon Y. Bowen of Latham & Watkins, John W. Carr of Simpson Thacher & Bartlett, Pamela Rogers Chepiga of Allen & Overy, Hector Gonzalez of Mayer Brown, Rowe & Maw, noted criminal practitioner Stephen E. Kaufman, Stephen R. Kaye of Proskauer Rose, Karen Patton Seymour of Sullivan & Cromwell and Guy Miller Struve of Davis Polk & Wardwell acted as Associate Justices.
First Monday in October Programs
| Year | Case Title | Issue | Advocates |
|---|---|---|---|
| 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